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2026 Supreme(Online)(Guj) 4815

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nirzar S. Desai, J
Jigneshkumar Jayeshbhai Konkni – Appellant
Versus
State Of Gujarat – Respondent
R/SPECIAL CIVIL APPLICATION NO. 3857 of 2026



Advocates:
For the Appellants/Petitioners: Vaibhav A Vyas
For the Respondents: Mitul Gautam, Parth Patel

A writ petition challenging a charge sheet or show-cause notice is generally premature and unsustainable, as these do not constitute adverse orders affecting legal rights. Courts will not interfere in ongoing disciplinary inquiries unless there is a clear absence of jurisdictional authority or proof of manifest illegality.

Headnote:(A) Constitution of India - Article 226 - Service Law - Departmental Inquiry - Prematurity of Writ Petition - Challenge to charge sheet and show-cause notice - Principles of non-interference.

(B) Writ jurisdiction - Scope of - Ordinarily, no writ lies against a charge sheet or show-cause notice - Such actions do not constitute an adverse order affecting legal rights - Courts should not intervene in ongoing disciplinary proceedings unless the authority lacks jurisdiction or the action is wholly illegal (Paras 9, 9.1).

(C) Doctrine of Estoppel and Waiver - Where a delinquent participates in departmental proceedings throughout and fails to raise procedural challenges at the initial stage, they cannot be permitted to challenge the validity of proceedings at a belated stage (Para 10.5).

Facts of the case:
Employees challenged the issuance of a charge sheet and final show-cause notice regarding educational qualifications. Having participated in the inquiry without initial objection, they sought judicial intervention to stay any potential future punishment order for a specific period. The respondents contended the petition was premature as no final adverse order had been passed.

Findings of Court:
The Court determined that a charge sheet or show-cause notice does not give rise to a cause of action as it does not infringe upon existing rights. Granting interim relief against potential future penalties would inappropriately influence ongoing disciplinary proceedings.

Issues: Whether a writ petition is maintainable against a charge sheet or show-cause notice, and whether it is appropriate for a court to stay potential future punishment orders prior to the conclusion of disciplinary proceedings.

Ratio Decidendi: Writ jurisdiction is discretionary and should not be exercised to quash a charge sheet or show-cause notice absent exceptional circumstances such as a jurisdictional void or clear illegality. Since the disciplinary process was not shown to contain procedural irregularity, judicial intervention is unwarranted.

Result: Petition dismissed.

Table of Content
1. details of petitioner's service history and previous litigation trajectory. (Para 1 , 2 , 4 , 5)
2. petitioners seek interim stay on potential punishments while state asserts legal prematurity of the current challenge. (Para 3 , 6 , 7)
3. writ petitions against mere show-cause notices or charge-sheets are ordinarily premature and maintainable only in exceptional circumstances. (Para 8 , 9 , 10)
4. dismissal of premature petition with liberty to challenge subsequent adverse orders on merits. (Para 11 , 12)

ORAL JUDGMENT

1. Heard learned advocate Mr. Vaibhav Vyas for the petitioners and learned AGP Mr. Parth Patel for the respondent–State.

2. Rule. Learned AGP waives service of rule for the Respondent-State.

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 be pleased to stay the operation and implementation of charge sheet dated 24.1.2024, Annexure-A to this petition, and/or

(E) Pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the operation and implementation of show cause Annexure-B to this application, and notice dated 28.1.2026,

(F) Award the cost of this petition, and

(G) Grant any other relief or pass any other order which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”

4. It is the case of the petitioners that they were selected and appointed to the post of Multipurpose Health Worker, Class-III, after completing the regular selection process initiated by the Gujarat Panchayat Service Selection Board. The petitioners had appeared in the competitive examination and, after successfully clearing the same, were appointed to the said post. The petitioners were appointed in the year 2014 and, after completing satisfactory service for a period of five years, they were placed in regular service and were granted the regular pay scale in the year 2020 with effect from 2019.

4.1. According to the petitioners, the appointment to the post of Multipurpose Health Worker (Male), Class-III is governed by the Multipurpose Health Worker (Male), Class-III (Panchayat Service) Recruitment Rules, 2011. As per the said Rules, in order to be eligible for appointment to the post of Multipurpose Health Worker (Male) by way of direct selection, a candidate is required, inter alia, to possess the qualification of completion of one year training in the Multipurpose Health Worker Basic Course from an institution recognized by the Government, or must have passed the Sanitary Inspector Examination from an institution recognized by the Government.

4.2. The present petitioners have passed the Diploma Course in Health and Sanitary Inspector (BHSI) Examination from Vinayaka Missions University, which is a Deemed University duly recognized by the University Grants Commission (UGC). After the appointment of the petitioners in the year 2014, for the purpose of verification of the genuineness of their educational qualifications, the petitioners were issued a communication dated 15.09.2018. In response to the said communication, the petitioners submitted the necessary information and relevant documents to the respondent authorities.

4.3. Since the services of a similarly situated employee from another district were terminated, the petitioners, along with other similarly situated persons, approached this Court by filing Special Civil Application No. 11430 of 2019. The said petition came to be disposed of by order

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