Unexplained Delay Of 8 Years: Gujarat HC Sets Aside Chargesheet For Alleged Misconduct Filed At Fag End Of Service
The Gujarat High Court set aside the chargesheet for alleged misconduct that was filed months before the employee was about to retire while noting that there was an unexplained delay of 8 years.
The Court was hearing a Letters Patent Appeal directed against the order passed by the Single Judge rejecting the Writ Petition filed by an employee challenging the charge sheet.
The bench of Justice AS Supehia and Justice Gita Gopi observed, “…charge-sheet is issued at the fag end of service of the appellant, indicates that the same is done with a mala fide intention….on the ground of unexplained delay of 8 years, and looking to the nature of alleged misconduct, the charge-sheet is required to be quashed and set aside.”
Advocate Vaibhav A Vyas appeared for the Appellant and AGP Sahil B Trivedi appeared for the Respondent.
Brief Facts-
The Appellant, a Director of Accountants and Treasury was issued a charge sheet with three charges on the fag end of her career. Charge No.1 regarding passport procurement in 2003 was dropped after confirming that the required NOC was obtained. Charge No.3 related to foreign travels without state permission was also dismissed. The sole remaining issue for consideration pertains to Charge No.2, which concerns passport renewal in 2013.
The Court noted, “It cannot be said that non-obtaining of NOC at the time of renewal of the passport will 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 and the same cannot be stretched to an extent to clause(iii), which refers to the act of unbecoming of a Government servant.”
“The act of the appellant is neither gross nor habitual negligence nor can it be said that her conduct was so egregious, which resulted into grave consequences and irreparable damage is caused to the Government.”, the Court added.
The Court observed, “The intention of issuing the charge sheet by the Officer by exhuming stale lapse appears to jeopardize the retirement benefits of the appellant by continuing the departmental proceedings beyond her retirement benefits.”
Accordingly, the Court set aside the impugned order and allowed the Appellant’s Appeal.
Cause Title: Charu Narendrabhai Bhatt v. State of Gujarat
