Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
NIRZAR S.DESAI
Pritamkumar Ramanbhai Gamit – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
NIRZAR S. DESAI, J.
1. Heard learned advocate Mr. Vaibhav Vyas for the petitioners and learned AGP Mr. Parth Patel for the respondent–State.
2. Learned advocate Mr. Vaibhav Vyas submitted that all these petitions involve identical prayers as well as identical facts. Even the date of the charge sheet is the same in all the matters. Therefore, all three matters were heard together and are being decided by this common order. It is further submitted that Special Civil Application No. 3173 of 2026 may be treated as the lead matter, and therefore, the facts are stated from SCA No. 3173 of 2026.
3. By way of this petition, the petitioner has prayed for the following reliefs:
(A) Quash and set aside the charge sheet dated 24.1.2024, Annexure-A to this petition, and (B) Quash and set aside the final show-cause notice dated 28.1.2026, Annexure-B to this petition, and
(C) Pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the departmental proceedings initiated against the petitioner pursuant to the impugned charge sheet dated 24.1.2024, Annexure-A, and / or
(D) Pending admission and final disposal of this petition, the Honourable Court may
The issuance of charge sheets or show-cause notices in departmental inquiries does not constitute an adverse order and thus does not provide grounds for judicial review.
Merely stating that huge financial losses are caused to the State would not suffice unless the charges are even prima-facie supported by any credible material placed before the court.
Unexplained delay in initiating disciplinary proceedings and vague charges can lead to quashing of the charge sheet, as it would be unfair and cause prejudice to the accused.
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.
Writ jurisdiction is discretionary jurisdiction and hence such discretion under Article 226 should not ordinarily be exercised by quashing a show-cause notice or charge sheet.
Neighborhood disputes, especially involving family members, do not constitute official misconduct, and disciplinary proceedings initiated on such grounds without substantial evidence violate principl....
Charge-sheets should not be quashed at the initial stage and suspension should not be made in a perfunctory or routine manner. The competent authority should examine the charge-sheets and take a deci....
Judicial officers can face disciplinary action for misconduct, but not for mere errors in judgment, emphasizing the need for judicial independence.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
