IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 15450 of 2013 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE MAULIK J.SHELAT =============================================

Approved for Reporting Yes No √

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PRABHATSINH AMARSINH MAKWANA Versus GENERAL MANAGER & ANR.

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Appearance:

MS MOHINI BHAVSAR FOR MR BHARAT JANI(352) for the Petitioner(s) No. 1 MR HS MUNSHAW(495) for the Respondent(s) No. 1,2 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 20/02/2026 ORAL JUDGMENT

1. Heard Ms.Mohini Bhavsar, learned advocate for Mr.Bharat Jani, learned advocate for the petitioner and Mr.H.S.Munshaw, learned advocate for the respondents.

1.1 With the consent of the learned advocates for the respective parties, the matter is taken up for hearing.

2. The present petition is filed under Article 226 of the Constitution of India, seeking the following reliefs: “(A) this Hon'ble Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or an appropriate writ, order or direction quashing and setting aside the impugned charge sheet dated 10.7.2013 and the order dated 16.9.2013 passed by respondent No. 1 deciding to hold departmental inquiry in respect of the alleged misconduct committed way back in 1996 i.e. after a lapse of more than 16 years on the ground that it is unjust, unreasonable, arbitrary, bad in law, improper, mala fide and in violation of the Service Rules of the respondent Corporation as also in violation of Articles 14 and 16 of the Constitution of India;

(B) pending hearing, admission and final disposal of this petition, this Hon'ble Court may be pleased to restrain the respondents from holding the departmental inquiry pursuant to the charge sheet dated 10.7.2013 and the order dated 16.9.2013 for the alleged misconduct committed by the petitioner way back in the year 1996, i.e.

after a lapse of more than 16 years;

(C) pending hearing, admission and final disposal of this petition, this Hon'ble Court may further be pleased to direct the respondents to pay all the benefits of higher Pay Scale of Fifth Pay Revision as per the office orders dated 3.9.2012 and 25.7.2013 enclosed at Annexures-C and D respectively;

(D) this Hon'ble Court may be pleased to pass such other and further relief(s) as the facts and circumstances of the present case may require;

(E) cost of this petition may please be awarded;”

SHORT FACTS OF THE CASE :

3. The short facts of the case appear to be that the petitioner was working as a Depot Manager at the Palanpur godown of the respondent – Gujarat State Civil Supplies Corporation Limited (hereinafter referred to as “the Corporation”). While on duty as Godown Manager at Palanpur on 19/12/1996, the petitioner was trapped by the Anti-Corruption Bureau while accepting a bribe of Rs.1,650/- from a fair price shop-keeper. In that view of the matter, he was placed under suspension on 22/12/1996. The petitioner was prosecuted in an ACB case, but was later on acquitted by the Trial Court vide its judgment and order dated 27/6/2000 passed in Special Case No.102 of 1997. Thereafter, the State appears to have filed an appeal before this Court, being Criminal Appeal No. 935 of 2000, which also came to be dismissed by a Division Bench of this Court vide its judgment dated 24/7/2009.

3.1 It appears that vide a communication letter dated 22/12/2012, the Corporation decided to release all benefits, including a higher pay-scale, in favour of the petitioner from the date of his suspension, i.e., 22/12/1996.

3.2 It further appears that after a substantial delay, the respondent issued a charge-sheet on 10/7/2013 upon the petitioner for the very charges for which he was tried and acquitted, as above.

3.3 Being aggrieved and dissatisfied with the aforesaid action of the Corporation, the petitioner has approached this Court by way of this petition.

4. This Court, vide