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2022 Supreme(Guj) 1448

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S. SUPEHIA, J.
Vinodchandra Kantilal Tanna - Petitioner
Versus
State of Gujarat - Respondent
R/Special Civil Application Nos. 7716, 8382, 7847, 7844, 7760, 8304 of 2022
Decided On : 30-11-2022

Advocates Appeared:
For the Petitioner:Mr. Yatin Oza, Senior Advocate With Ms. Srushti A. Thula.
For the Respondent: Mr. Aditya Pathak, AGP.

Headnote:

Gujarat Land Revenue Code, 1879 - Section 211 - Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 - Rule 9 - Departmental proceedings - Charge-sheets would be a futile - Exercise of undertaking regular departmental proceedings pursuant to charge-sheets would be a futile - Held, All entries for which charge-sheets have been issued, have become final and it is also an undisputed fact that higher authority has not exercised any suo motu review powers to set aside revenue entries certified by petitioner - Action of petitioner in certifying such entries by exercising quasi judicial powers, cannot be faulted with and petitioner cannot be forced to be embroiled in departmental proceedings, for any misconduct - Act of certifying revenue entries by petitioners cannot be questioned in departmental proceedings so long such entries have not be questioned by any one including higher authorities for a period of eight years - Order passed by this Court in identical charges, on which penalty of stoppage of two increments with future effect imposed upon petitioner having been set aside by Coordinate Bench, this Court has no reason to deviate observation made by this Court - Further departmental proceedings undertaken pursuant to impugned charge-sheets would be a futile exercise - Petitions succeed.

ORDER :

The affidavits tendered by the learned AGP are ordered to be taken on record.

1. Rule. Learned AGP waives service of notice of rule for the respondent-State.

2. At the outset, learned Senior Advocate Mr. Oza has submitted that the issue raised in the present group of petitions is squarely covered by the judgment and order dated 28.03.2022 passed in Special Civil Application No.1316 of 2021. It is submitted that on the identical facts this Court, after examining such facts and issue has allowed the writ petition by setting aside the penalty order dated 20.05.2015 passed by the District Collector, Gandhinagar on the petitioner, which was confirmed by the Gujarat Civil Services Tribunal, Gandhinagar vide order dated 06.06.2014 passed in Appeal No.164 of 2015. He has submitted that in Special Civil Application Nos.7760, 7716, 7844, 7847, 8304 and 8382 of 2022 the petitioner is challenging the charge-sheets dated 04.03.2020, 04.12.2020, 11.03.2020, 04.12.2020, 04.12.2020 and 04.03.2020 respectively.

3. Learned Senior Advocate Mr. Oza has submitted that in view of the judgment of this Court, the entire exercise of undertaking the regular departmental proceedings pursuant to the charge-sheets would be a futile exercise and the issue would be governed by the said judgment. He has submitted that in fact the charge-sheets themselves are misplaced and misdirected since the petitioner, while discharging his duty as quasi judicial authority, has certified the revenue entries. It is submitted that it was always open for the higher authority to re-examine the aforesaid entries by exercising suo motu revision power under the provisions of Section 211 of the Gujarat Land Revenue Code, 1879 and instead of doing so, the charge-sheets have been issued. It is submitted that thus, the impugned charge-sheets and show cause notices may be set aside in view of the judgment passed by this Court.

4. Per contra, learned AGP appearing for the respondent authority has submitted that the writ petitions may not be entertained as it was noticed that there were 224 entries made by the present petitioner in the revenue record, which were erroneous and certified by the petitioner while discharging his duty as Circle Officer, Gandhinagar. It is submitted that during the preliminary inquiry, these erroneous revenue entries were noticed and since the same were found de hors the provision of law in access of jurisdiction vested upon the petitioner, the charge-sheets have been issued. It is submitted that accordingly the show cause notices were issued to the petitioners for 127 revenue entries and the petitioner was called upon to justify such entries and accordingly, it was thought to initiate departmental proceedings against him. He has further submitted that the writ petitions may not be entertained since looking to the statement of imputation, it is necessary that the petitioner, who has exceeded his jurisdiction in certifying such entries, is required to be proceeded departmentally under the provisions of Rule 9 of the Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971. Thus, it is submitted that the present writ petitions may not be entertained.

5. The established facts from the respective submissions and the averments made in the writ petitions and the affidavits are that the petitioner, who was serving as a Circle Officer, Gandhinagar had certified 127 revenue entries in the revenue records. It is also not in dispute that the petitioner was exercising his quasi judicial powers while certifying such entries. The petitioner was also accordingly proceeded departmentally by levelling identical charges by various other chargesheets. One of which culminated into penalty of stoppage of two increments with future effect, which was subject matter of challenge before the Gujarat Civil Services Tribunal, Gandhinagar in Appeal No.164 of 2015. The Tribunal confirmed the order passed by the District Collector dated 20.02.2015, whereby the petitioner was imposed

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