IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17296 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE NIRZAR S. DESAI sd/-

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

Approved for Reporting Yes No NO ==========================================================

DALABHAI RADHNATHBHAI MANVAR Versus STATE OF GUJARAT & ORS.

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

Appearance:

MR SHALIN MEHTA, SENIOR ADVOCATE with MS ADITI S RAOL(8128) for the Petitioner(s) No. 1 MR PARTH PATEL, AGP for the Respondent(s) No. 2,3 NOTICE SERVED BY DS for the Respondent(s) No. 4 ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 10/03/2026 ORAL JUDGMENT

1. Rule. Learned Assistant Government Pleader Mr. Parth Patel waives service of notice of rule on behalf of the respondents.

2. With the consent of both parties, the matter was taken up for final hearing today.

3. Heard learned Senior Advocate Mr. Shalin Mehta with learned advocate Ms. Varghese for the petitioner and learned Assistant Government Pleader Mr. Parth Patel for respondent –

State.

4. By way of this petition, the petitioner has prayed for the following reliefs:-

“(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ quashing and setting aside the impugned office order dated 23.03.2000 (Annexure-B) passed by the Battalion Commandant, no. 1 Battalion, Border Wing, Palanpur by which the petitioner was disembodied from service;

(B) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ quashing and setting aside the impugned letter dated 14.11.2006 (Annexure-D) from the respondent Battalion Commandant, no. Battalion, Border Wing, Palanpur rejecting the representation dated 06.10.2006 (Annexure-C) from the petitioner seeking review of his case on his acquittal in the criminal case;

(C) Your Lordships may be pleased to issue a writ of mandamus commanding the respondent authorities to review the case of the petitioner and reinstate him in service with all the consequential benefits including back wages and continuity of service and all other benefits that flow from such continuity of service;

(D) Pending admission and final hearing of the present petition, Your Lordships may be pleased to direct the respondent authorities to review the case of the petitioner and reinstate him in service with immediate effect; and (E) Your Lordships may be pleased to pass any other and/or further order, as deemed fit, in the interest of justice.”

5. Though the relief prayed for by the petitioner are much wider in nature, learned senior advocate Mr. Shalin Mehta for the petitioner, at the outset submitted that the petitioner is seeking to confine his prayer only to the extent of reconsideration of the order of termination.

5.1 Learned senior advocate Mr. Shalin Mehta submitted that the present petitioner was facing a trial for alleged offences committed by him under the Prevention of Corruption Act, 1988 for which the petitioner was tried by way of Special Case No. 7 of 2001 whereby vide judgment dated 06.10.2006 by Presiding Officer, Fast Track Court, Palanpur, the petitioner was acquitted. Upon acquittal of the petitioner, the petitioner made a representation dated 16.10.2006 to reinstate him as Guardsman in the Border Wing of Home Guard. However, the representation of the petitioner was rejected vide order dated 14.11.2006 by the Battalion Commandant, Number 1 Battalion Border Wing, Palanpur, Banaskantha.

5.2 Thereafter, against the aforesaid order of acquittal, an acquittal appeal being Criminal Appeal No. 145 of 2007 was preferred by the State and ultimately vide judgment dated 12.07.2023 the said Criminal Appeal was dismissed by Co-

ordinate Bench of this Court and the order of acquittal was confirmed.

5.2 It is on the above premise, by way of this petition, the petitioner is seeking to review/reconsider the case of the petitioner f