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SCA/3697/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3697 of 2010
=========================================================
JAYANTIBHAI
HARSURBHAI AHIR - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance :
MR
SP MAJMUDAR for
Petitioner(s) : 1,MR PP MAJMUDAR for Petitioner(s) : 1,
GOVERNMENT
PLEADER for Respondent(s) : 1 - 2.
NOTICE SERVED BY DS for
Respondent(s) : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 13/05/2010
ORAL
ORDER
1.
Rule returnable on 3rd August 2010.
2.
Heard the learned Advocates for respective parties on the question
of interim relief.
3.
The challenge in this petition is initiation of departmental inquiry
as well as charge-sheet dated 3rd March 2010 issued in
connection therewith against the petitioner alleging inter alia that
the petitioner, while he was in military service, was also pursuing
his studies in university concurrently and has cheated the concerned
college/university as well as government and has illegally obtained
the graduation degree and on the basis of which he has been appointed
in Civil Hospital, Ahmedabad as Class III Security Officer. It was
also alleged that the discharge certificate, which was produced by
the petitioner before the State Government, is after making certain
additions and alterations and therefore the petitioner has committed
certain misconducts.
4.
However, from the record prima facie it appears that the allegations
levelled against the petitioner for which the chargesheet in question
was issued, had already been adjudicated upon by the competent
authority during the course of earlier disciplinary proceedings which
were initiated against the petitioner as a result of which the
petitioner was exonerated.
5.
Earlier the concerned local police, CID (Crime), Vigilance
Department, University and District Sainik Welfare Board, Ahmedabad
and departmental inquiry officer has given favorable report in the
past with regard to the allegations against the petitioner and
therefore I am of the view that on the same set of facts, the
initiation of a fresh departmental inquiry levelling similar charges
would not be justified. From the record prima facie it also appears
that the CID (Crime) has exonerated the petitioner of the charges
with regard to discharge certificate, etc. Therefore admittedly the
present one is a second chargesheet on the same set of allegations.
6.
In view of the above the further proceedings of the chargesheet in
question is stayed. Direct service is permitted.
[K.S.Jhaveri,J.]
*Himansu
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