VINODCHANDRA KANTILAL TANNA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The affidavits tendered by the learned AGP are ordered to be taken on record.

(2.) At the outset, learned Senior Advocate Mr.Oza has submitted that the issue raised in the present group of petitions is squarely covered by the judgment and order dtd. 28/3/2022 passed in Special Civil Application No.1316 of 2021. It is submitted that on the identical facts this Court, after examining such facts and issue has allowed the writ petition by setting aside the penalty order dtd. 20/5/2015 passed by the District Collector, Gandhinagar on the petitioner, which was confirmed by the Gujarat Civil Services Tribunal, Gandhinagar vide order dtd. 6/6/2014 passed in Appeal No.164 of 2015. He has submitted that in Special Civil Application Nos.7760, 7716, 7844, 7847, 8304 and 8382 of 2022 the petitioner is challenging the charge-sheets dtd. 4/3/2020, 4/12/2020, 11/3/2020, 4/12/2020, 4/12/2020 and 4/3/2020 respectively.

(3.) Learned Senior Advocate Mr.Oza has submitted that in view of the judgment of this Court, the entire exercise of undertaking the regular departmental proceedings pursuant to the charge-sheets would be a futile exercise and the issue would be governed by the said judgment. He has submitted that in fact the charge-sheets themselves are misplaced and misdirected since the petitioner, while discharging his duty as quasi judicial authority, has certified the revenue entries. It is submitted that it was always open for the higher authority to re-examine the aforesaid entries by exercising suo motu revision power under the provisions of Sec. 211 of the Gujarat Land Revenue Code, 1879 and instead of doing so, the charge-sheets have been issued. It is submitted that thus, the impugned charge-sheets and show cause notices may be set aside in view of the judgment passed by this Court.