Gujarat HC sets aside charge sheet issued near retirement

Ahmedabad : The Gujarat High Court has quashed and set aside a charge sheet issued against a government employee at the fag end of her service.  

A bench headed by Justice A.S. Supehia was hearing a letters patent appeal filed against the May 2024 order passed by a single-judge bench rejecting the writ petition filed by the appellant, who served as a Director of Accounts and Treasury (Class-I), challenging the charge sheet issued in May 2021.

The appellant, who was due to retire on reaching the age of superannuation in September 2022, was issued the charge sheet in May 2021 containing three charges.

In her appeal, the appellant stated that two charges were dropped by the state government and the third charge from 2013 stated that before renewing the passport, no “No Objection Certificate” (NOC) was obtained by the appellant from the state government. The appellant contended that the bare reading of Rule 3(1) of the Gujarat Civil Services (Conduct) Rules would establish that the third charge would not fall under the definition of misconduct. Further, she contended that the Office Memorandum issued by the Ministry of External Affairs did not provide that not obtaining an NOC for the renewal of the passport would amount to misconduct.

The Bench, also comprising Justice Gita Gopi, in its judgment, said that “the entire charge sheet is blissfully silent, so far the aspect of delay is concerned, and even the affidavit-in-reply does not mention any reason as to why for a renewal of a passport in the year 2013, for which it is alleged that the appellant has not obtained the NOC, the charge-sheet has been issued on 24.05.2021 at the fag end of retirement”.

Referring to several Supreme Court judgements which had quashed and set aside the charge sheet on the ground of inordinate and unexplained delay, the Gujarat High Court quashed and set aside the third charge against the appellant.

Further, it reasoned that the appellant had obtained NOC at the time of getting the passport, but she did not obtain the same at the time of renewal.

“It cannot be said that non-obtaining of NOC at the time of renewal of the passport will be tantamount to ‘lack of integrity’ or ‘lack of devotion towards duty’. The act of the appellant can at the most be termed as ‘lapse’ on her part,” said the Gujarat HC in its judgment.

It added that the act of the appellant was neither gross nor habitual negligence nor can it be said that her conduct was so egregious, which resulted in grave consequences and irreparable damage was caused to the state government.

On the overall analysis of the facts and the manner in which the charge sheet was issued at the fag end of service of the appellant, the high court said that it indicated that the same was done with a mala fide intention. After the overall substratum and analysis of the facts and circumstances of the case, the Gujarat High Court allowed the appeal with a cost of ₹10,000 and quashed and set aside the third charge.

“The cost of ₹10,000 shall be paid to the appellant within a period of four weeks from the date of receipt of the writ of this Order. It will be open for the state government to recover the cost amount of ₹10,000 from the erring Officer, who has issued the charge sheet,” the HC ordered.