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2022 Supreme(Guj) 1667

SANGEETA K. VISHEN
MAHESHBHAI BHURJIBHAI DAMOR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: DIPAN DESAI.
For the Respondent: DHAWAN JAYSWAL.

JUDGMENT :

SANGEETA K. VISHEN, J.

1. With the consent of the learned advocates appearing for the respective parties, the matter is taken up for final disposal.

2. Issue Rule, returnable forthwith. Mr. Dhawan Jayswal, learned Assistant Government Pleader waives service of notice of rule on behalf of the respondents.

3. The observations made by this Court in the case of Bodu Tarmamad vs. District Superintendent of Police, Jamnagar, 1988 (1) GLH 406 bearing analogous facts are very much apt to decide the present controversy:

    “Is the phrase ‘unbecoming of a Government servant’ occurring in Rule 3(1)(iii) of the Gujarat Civil Services (Conduct) Rules, 1971 so much elastic that it can take within its sweep certain behaviour which may cause some displeasure to his superior and which may not be in accord with the personal beliefs and liking of the superior officer? Assumed vagueness of the phrase has rendered an unfortunate Head Constable jobless. Hence the necessity to interpret and understand the precise meaning of the same.”

4. This Court has held that while branding a particular behaviour as misconduct, the first question which is required to be posed is, has this conduct any nexus with the

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