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NEUTRAL CITATION

C/SCA/7632/2008 ORDER DATED: 04/02/2026

0.38011746604356456

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/SPECIAL CIVIL APPLICATION NO. 7632 of 2008

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V. B. PATEL

Versus

GUJARAT WATER SUPPLY AND SEWERAGE BOARD & ORS.

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Appearance:

MR MUKESH A PATEL(636) for the Petitioner(s) No. 1

Advocate NOTICE SERVED for the Respondent(s) No. 2,3,4

MR. HARDEEP L MAHIDA(7112) for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

Date : 04/02/2026

ORAL ORDER

1. Heard Mr. Mukesh A. Patel, learned Advocate for the

petitioner and Mr. Hardeep L. Mahida, learned Advocate for

the respondent No.1.

2. The present writ petition is filed under Article 226 of the

Constitution of India, seeking the following reliefs:

“(A) A writ of mandamus or a writ in the nature of mandamus or any

other appropriate writ order or direction may kindly be issued quashing

and setting aside the impugned orders dated 4.1.2008 and 16.5.2007

issued by the respondents and further be pleased to quash and set

aside the inquiry proceedings and the disciplinary proceedings declaring

it as uncalled for, illegal, and unreasonable.

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NEUTRAL CITATION

C/SCA/7632/2008 ORDER DATED: 04/02/2026

0.38011746604356456

(B) Pending admission hearing and final disposal of the present petition,

the impugned orders dated 4.1.2008 and 16.5.2007 passed by the

respondents may kindly be stayed.

(C) Any other appropriate relief grantable by the Hon'ble Court may

kindly be granted in the interest of justice.”

3. At the outset, it is required to be noted here that the petitioner,

who was serving as an Executive Engineer with the respondent

board, was dismissed from service vide its order dated 16th

May, 2007 by the Disciplinary Authority, which was modified

by its Appellate Authority on 4th January, 2008. Both these

orders are challenged in this petition.

3.1. It requires to be noted here that the petitioner, vide his letter

dated 13th August, 2007, requested the Appellate Authority to

impose a lesser punishment, thereby, the petitioner may get

pension as he had completed 25 years of pensionable service.

Accordingly, the without examined the merit of the matter, the

Appellate Authority appears to have substituted the

punishment from dismissal to compulsory retirement.

Accordingly, it is ordered that the petitioner would be entitled

to receive compassionate pension as per Rule 77 (1) of the

Gujarat Civil Services (Pension) Rules, 2002 (hereinafter

referred to as “Rules, 2002”).

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NEUTRAL CITATION

C/SCA/7632/2008 ORDER DATED: 04/02/2026

0.38011746604356456

SUBMISSIONS OF THE PETITIONER:

4. Mr. Patel, learned Advocate for the petitioner, has made the

following submissions:

4.1. There was no misconduct on the part of the petitioner and as

such, the order of punishment imposed by the Disciplinary

Authority, whereby, he was dismissed from his service, is not

only erroneous and perverse, but also harsh and

disproportionate.

4.2. The respondent authority had not observed the principles of

natural justice during the course of the inquiry, as the

documents were not provided.

4.3. The petitioner was following the prevailing practice of release

of amounts, in favour of the contractor, prior to the actual

supply of pipes - materials. As such, later in point of time, all

the materials/pipes, were in fact received by the respondent.

4.4. The petitioner was not paid suspension allowance and even

upon the substitution of penalty, i.e., compulsory retirement,

his retirement dues were also not released.

4.5. There were other employees who were also charged along with

the petitioner in the departmental inquiry, b