Reserved On : 25/02/2026 Pronounced On : 11/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 17655 of 2017 With R/SPECIAL CIVIL APPLICATION NO. 6624 of 2010 FOR APPROVAL AND SIGNATURE:

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

Approved for Reporting Yes No √

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FAZLURAHEMAN HADERBUX SHAIKH Versus STATE OF GUJARAT =============================================

Appearance:

MR VAIBHAV A VYAS(2896) for the Petitioner(s) No. 1 MR SIDDHARTH RAMI, AGP for the Respondent(s) No. 1 =============================================

CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT

COMMON CAV JUDGMENT

1. Both these batches of writ petitions are interconnected with each other as the petitioner has challenged his suspension in connection with the misconduct allegedly committed by him in the years 2000-2001 and also challenged the order of penalty inflicted upon him for the very misconduct. Thus, both these matters were heard and decided together by way of this common judgment.

1.1 Heard Mr.Vaibhav Vyas, learned advocate for the petitioner and Mr.Siddharth Rami, learned AGP appearing for the respondent-State at length.

2. The writ present petition, being Special Civil Application No.17655 of 2017 is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“(A) Quash and set aside the impugned punishment order dated

2.6.2017, Annexure-A to this petition, and (B) pending admission and final disposal of this petition the Honourable Court may be pleased to stay the operation, implementation and execution of the impugned order dated

2.6.2017, Annexure-A to this petition, and (C) Award the cost of this petition, and”

2.1 The writ present petition, being Special Civil Application No.6624 of 2010 is filed under Article 226 of the Constitution of India, seeking the following reliefs:

“(A) quash and set aside the impugned suspension order dated

28.05.2010, Annexure-A to this petition, and (B) pending admission and final disposal of this petition the Honourable Court may be pleased to grant the mandatory injunction against the further the implementation and operation of the impugned suspension order dated 28.5.2010, Annexure-A to this petition, and (C) Award the exemplary cost of this petition, and”

SHORT FACTS OF THE CASE:

3. It is the case of the petitioner that the petitioner had initially joined service on 10/05/1982, as a Class-II officer under the administrative control of the Director of Employment and Training, Gujarat State. The appointment of the petitioner was as Principal (Class-II). The next higher post in the said hierarchy is Assistant Director (Training) (Class-I).

3.1 The Gujarat Public Service Commission had issued an advertisement in the year 1985 inviting applications for direct recruitment to the said post. The petitioner appears to have applied pursuant to the advertisement and got selected and due to the intervention of this Court, the petitioner was appointed to the said post.

3.2 While the petitioner was posted as Principal (Class-I) at I.T.I., Gondal, he was placed under suspension on 28/05/2010 which was revised on 25/06/2010, in connection with the misconduct allegedly committed by the petitioner before a period of one decade in the years 1999-2001. The petitioner appears to have challenged the said order of suspension before this Court by way of a writ petition, being Special Civil Application No.6624 of 2010, which is admitted by this Court.

3.3 The petitioner was served with a charge-sheet on 21/06/2010 in connection with the said alleged misconduct. As can be seen from the aforesaid charge-sheet that there were in all five charges levelled against the petitioner, out of which only charge No.4 was in relation to a financial irregularity and the other charges are trifling in nature. Upon conclusion of the inquiry, the Inquiry Officer vide his report dated 20/03/2013, exonerated the petitioner from four charge