Case Note & Summary
The petitioner, Chunilal Bachubhai Rankaja, a police constable, filed a writ petition under Article 226 of the Constitution of India before the Gujarat High Court challenging two disciplinary orders: (1) an order dated 14.07.2020 confirming his suspension period from 11.01.2019 to 27.11.2019, and (2) an order dated 10.12.2020 imposing a penalty of withholding of increment for six months without future effect. The petitioner had been serving in the Police Department since 15.03.1999. The petitioner's counsel, Mr. Archit P. Jani, argued that the controversy was squarely covered by a recent decision of a learned Single Judge in Ashokbhai Valjibhai Pataliya in Special Civil Application No. 11309 of 2021 dated 17.02.2026, which involved identical facts and impugned orders. The respondent-State's counsel, Ms. Forum Bimal Sukhadwala, was unable to controvert this submission. The court, after perusing the pleadings and hearing the parties, agreed that the matter was covered by the precedent. Consequently, the court allowed the petition, quashed and set aside both impugned orders, and directed that the petitioner be given consequential benefits. The rule was made absolute.
Headnote
A) Service Law - Disciplinary Proceedings - Suspension Period - Confirmation of Suspension Period - The petitioner challenged the order dated 14.07.2020 confirming the suspension period from 11.01.2019 to 27.11.2019 and the order dated 10.12.2020 imposing penalty of withholding of increment for six months without future effect - The court found the controversy covered by a previous decision in Ashokbhai Valjibhai Pataliya in Special Civil Application No. 11309 of 2021 dated 17.02.2026 - Held that the orders are quashed and set aside (Paras 4-7).
Issue of Consideration
Whether the orders confirming the suspension period and imposing penalty of withholding of increment for six months without future effect are sustainable in law.
Final Decision
The petition is allowed. The order dated 14.07.2020 confirming the suspension period and the order dated 10.12.2020 imposing penalty of withholding of increment for six months without future effect are quashed and set aside. The petitioner shall be given consequential benefits. Rule is made absolute.
Law Points
- Disciplinary proceedings
- suspension period
- penalty of withholding increment
- judicial review of disciplinary orders
- precedent binding on identical facts
