IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/LETTERS PATENT APPEAL NO. 1500 of 2019 In R/SPECIAL CIVIL APPLICATION/16811/2007 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/LETTERS PATENT APPEAL NO. 1500 of 2019 With CIVIL APPLICATION (FOR ADDITIONAL EVIDENCE) NO. 1 of 2026 In R/LETTERS PATENT APPEAL NO. 1500 of 2019 =============================================

THE PRINCIPAL DISTRICT JUDGE AND DISICIPLINARY AUTHORITY RAJKOT & ANR.

Versus BHUPENDRA K KHAKHAR- SINCE DECEASED THRU- LEGAL HEIRS & ORS.

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Appearance:

LAW OFFICER BRANCH(420) for the Appellant(s) No. 1,2 VIKAS V NAIR(7444) for the Appellant(s) No. 1,2 MR RASHESH A RINDANI(5380) for the Respondent(s) No.

1.1,1.2,1.3 =============================================

CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA and HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 11/02/2026

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BHARGAV D. KARIA)

1. Heard learned advocate Mr. Vikas V. Nair for the appellants and learned advocate Mr. Rashesh A. Rindani for the respondents.

2. By this appeal under Clause 15 of the Letters Patent, 1865, the appellant has challenged the Judgment and Order dated 22.04.2019 passed by the learned Single Judge in Special Civil Application No. 16811 of 2007, whereby the penalty of compulsory retirement passed by respondent No. 1 in Departmental Inquiry No. 1 of 2003 and the appellate order dated 12.03.2007 passed by the respondent in departmental appeal was quashed and set aside. Since the original petitioner – delinquent had passed away, the learned Single Judge converted the penalty of compulsory retirement into voluntary retirement. Hence, the departmental proceedings were set aside on the defect in conducting the same and in violation of the principles of natural justice.

3. The brief facts of the case are as under:

3.1. The respondents are the legal heirs of the original petitioner. The original petitioner joined the service as English Section Writer in Amreli Judicial District on 04.02.1980 and was thereafter promoted as Junior Clerk in October, 1980. Thereafter, by inter-district transfer the petitioner was transferred to Rajkot Judicial district in 1982 and in the year 1999, he was transferred from the Court of Judicial Magistrate First Class (Municipal), Rajkot to the Court of Civil Judge (S.D.), Morbi. The petitioner was rendering the duties in the Court of Civil Judge (S.D.), Morbi till the date of his compulsory retirement from service which was with effect from 14.06.2006 in view of the order of penalty imposed in the aforesaid departmental inquiry.

4. The petitioner was served with Memorandum and Articles of Charge dated 20.01.2003 together with list of documents pursuant to the order dated 13.12.2002 passed by the District Judge and Disciplinary Authority, Rajkot initiating a Departmental Inquiry against the petitioner and placing the petitioner under suspension as per Rule 5 of the Gujarat Civil Service (Discipline and Appeal) Rules, 1971 (for short “the Rules”).

5. As per the Memorandum and Articles of Charges, in all, 8 charges were levelled against the petitioner. Charges No. 1 to 3 pertain to the illegal gratification alleged to have been received by the petitioner whereas Charges No. 4 to 8 pertain to the illegal interference by the petitioner between the advocates in the Court room, disobeying the orders of his seniors, misbehaving and carelessness in duties.

6. After considering the written statement of defence filed by the petitioner denying the charges, Inquiry Officer submitted the Inquiry Report dated 23.02.2006 before the appellant No. 1 holding the petitioner not guilty of the Charges No. 1 to 3 regarding corruption, but finding him guilty of Charges No. 4 to 8.

7. The appellant No. 1 disagreed with the Inquiry Report to the extent regarding Charges No. 1 to 3 for allegation of corruption against the petitioner and issued the show cause notice dated 15.04.2006 calling upon the petitioner to show cause as