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A. S. SUPEHIA, GITA GOPI
Charu Narendrabhai Bhatt – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. ADMIT. Learned Assistant Government Pleader waives service of notice of admission on behalf of the respondent-authority.
2. The present appeal filed under Clause 15 of the Letters Patent, 1865, is directed against the order dated 02.05.2024 passed by the learned Single Judge rejecting the captioned writ petition filed by the appellant – original petitioner challenging the charge-sheet dated 24.05.2021. The learned Single Judge, while pacing reliance on the judgment of the Supreme Court in the case of Union of India and another Vs. Kunisetty Satyanarayana, 2006 (12) SSC 28, has rejected the captioned writ petition.
3. Learned advocate Mr.Vaibhav Vyas, appearing for the appellant, at the outset, has submitted that in fact, the case of the present appellant will fall in rare and exceptional cases, as observed by the Supreme Court in the very same judgment since the appellant, who was to retire on reaching the age of superannuation on 30.09.2022, is issued the charge-sheet dated 24.05.2021 containing three charges. He has submitted that so far as the charge Nos.1 and 3 are concerned, the same are dropped by the State Government howe
A charge-sheet issued after an unreasonable delay does not warrant disciplinary action if the alleged misconduct does not constitute grave misconduct.
Charge-sheets can be valid if issued on the retirement date, even if served afterward; mere issuance does not impede a candidate's rights until an adverse order is made.
Misconduct - Quash of Suspension order - Order of suspension was passed in contemplation of inquiry without referring to misconduct - Direction is issued to disciplinary authority to reconsider wheth....
Right to travel abroad is a fundamental right under Article 21 of the Constitution and cannot be restricted without established law; mere pendency of disciplinary proceedings does not justify denial ....
Charge-sheets must be effectively communicated before retirement; multiple service methods suffice despite absences.
The main legal point established in the judgment is that a writ petition may be premature and not maintainable if the petitioner fails to exhaust the proper remedy available under the law before appr....
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