Disciplinary authorities must adhere to procedural rules post charge-sheet and cannot impose penalties without conducting a proper inquiry, ensuring principles of natural justice are respected.

JUDGMENT :

Nikhil S. Kariel, J.

1. Heard learned Advocate Mr.Deepak Sanchela for the petitioner and learned AGP Ms.Nirali Sarda for the respondent State.

2. Issue Rule returnable forthwith. Learned AGP waives service of notice of Rule for respondent State. With the consent of the learned Advocates for the parties, the matter is taken up for final disposal.

3. By way of this petition, the petitioner challenges the order dated 6.11.2023 passed by the respondent No.1 herein, whereby the petitioner has been issued with a punishment of stoppage of two increments without future effect.

4. On behalf of the petitioner it is submitted by the learned Advocate Mr.Sanchela that while the respondents had issued a charge-sheet to the petitioner on 25.4.2023, thereafter the respondents, without following the procedure as per Rule 9 of the Gujarat Civil Services (Discipline and Appeal) Rules, have directly issued the order of punishment impugned in the petition. Learned Advocate would submit that having issued a charge-sheet and having not afforded an appropriate opportunity to the present petitioner to contest the allegations levelled against him and whereas the entire procedure adopted by the respondents being faulty the impugned order may be quashed and set aside.

5. As against the same, the petition is vehemently objected to by learned AGP Ms.Sarda on behalf of the respondent State, who would rely upon Rule 11 of the Gujarat Civil Services (Discipline and Appeal) Rules, 2002. Learned AGP would submit that under the said Rule, the disciplinary authority, when penalties specified in Items No.1 to 3 of Rule6 i.e. minor penalties are sought to be imposed, then the disciplinary authority could do away with the formality of holding a departmental inquiry and whereas the government servant is only entitled to a reasonable opportunity of making a representation against the proposed action.

5.1. Learned AGP would submit that in the instant case, the petitioner having been given a reasonable opportunity, more particularly the petitioner having filed his reply to the charge-sheet, therefore, the procedure envisaged under Rule 11(1)(a) stood fully complied with and, therefore, there is no error whatsoever committed by the respondents in imposing the punishment upon the present petitioner. Learned AGP would, therefore, submit that this Court may not interfere in the instant case.

6. Heard learned Advocates for the respective parties, who have not submitting anything further.

7. Considering the submissions made by the learned Advocates for the parties, while it would appear that the fact of charge-sheet being issued upon the present petitioner is undisputed, it would also appear that the charge-sheet not having been taken further, i.e. the charge-sheet not being followed by appointment of Inquiry Officer and Presenting Officer and whereas no further process having been taken pursuant to issuance of charge-sheet also appears not to be in dispute.

7.1. Thus the only issue which requires adjudication would be, as submitted by learned AGP, that the respondents having exercised power under Rule 11(1)(a) of Gujarat Civil Services (Discipline and Appeal) Rules, 2002, more particularly under the said Sub-rule, the respondents being entitled to do away with a departmental inquiry and more particularly on following principles of natural justice. At this stage, since Rule 11 of the Gujarat Civil Services (Discipline and Appeal) Rules, 2002 being relevant for the present purpose, the same is quoted herein below for benefit insofar as r