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2026 Supreme(Online)(Guj) 9309

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE MAULIK J.SHELAT
CHUNILAL BACHUBHAI RANKAJAV/sSTATE OF GUJARAT
R/SCA/11352/2021



IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 11352 of 2021 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No ✓

==========================================================

CHUNILAL BACHUBHAI RANKAJA Versus STATE OF GUJARAT & ORS.

==========================================================

Appearance:

MR. ARCHIT P JANI(7304) for the Petitioner(s) No. 1 MS POONAM M MAHETA(11265) for the Petitioner(s) No. 1 MS FORUM BIMAL SUKHADWALA, ASSISTANT GOVERNMENT PLEADER for the Respondent(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2,3,4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT Date : 10/03/2026

JUDGMENT

1. RULE returnable forthwith. Ms. Forum Bimal Sukhadwala, learned Assistant Government Pleader, waives service of notice of Rule on behalf of the respondent-State.

2. Heard Mr. Archit P. Jani, learned Advocate for the petitioner and Ms. Forum Sukhadwala, learned AGP for the respondent-

State.

3. The present writ petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“(A) THIS HON'BLE COURT be pleased to issue appropriate writ, order or direction for quashing and setting the order dated 14.07.2020 of confirming the suspension period from 11.01.2019 to 27.11.2019 as well further be pleased to quash and set aside the order dated 10.12.2020 imposing penalty of withholding of increment for the period of 6 month without future effect.

(B) Pending the hearing and final disposal of the present petition THIS HON'BLE COURT be pleased to stay the execution and implementation of order dated 14.07.2020 of confirming the suspension period from 11.01.2019 to 27.11.2019 as well further be pleased to quash and set aside the order dated 10.12.2020 imposing penalty of withholding of increment for the period of 6 month without future effect.

(C) Pending the hearing and final disposal of the present petition THIS HON'BLE COURT be pleased grant ad-interim relief in terms of para 9(B).

(D) THIS HON'BLE COURT be pleased to pass such other and further relieves as may be deemed just and proper in the facts and circumstances of the present case may kindly be granted.”

4. At the outset, Mr. Jani, learned Advocate for the petitioner, would submit that the controversy germane in the matter is squarely covered by decision of learned Single Judge, passed on 17.02.2026 in the case of Ashokbhai Valjibhai Pataliya in Special Civil Application No. 11309 of 2021. It is submitted that the nature of the controversy and the order impugned are identical with the aforesaid writ petition filed by the similarly situated person and after taking note of the entire controversy, this Court has quashed and set aside the order of the disciplinary authority.

5. Per contra, Ms. Sukhadwala, learned AGP, is unable to controvert the aforesaid facts.

6. Having heard learned Advocates appearing for the respective parties and after perusal of pleadings and documents, which are made available on record, the following would emerge:

(i). On 15.03.1999, the petitioner began serving in the Police Department.

(ii). On 01.02.2018, the petitioner was appointed as a Police Sub-Inspector.

(iii). On 12.12.2018, the petitioner was transferred from Surendranagar to Sayla Police Station as a Police Sub-

Inspector.

(iv). On 15.12.2018, the petitioner officially took charge and began working at the Sayla Police Station.

(v). From 05.01.2019 to 06.01.2019, the Sayla Police Station experienced a staff shortage as personnel were deployed for L.R.D. exam security duty in Surendranagar.

(vi). On 06.01.2019, the petitioner was deployed on "Police Bandobast" duty in Thangadh to maintain law and order, leaving him absent from the Sayla headquarters.

(vii). On 07.01.2019, the Rapid Response Cell (RR CELL), Rajkot, conducted a surprise raid in Sayla's jurisdiction, seizing prohibited liquor and a veh

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