Gujarat HC sets aside charge sheet issued near retirement

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.

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 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.