S.V. SHAH Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Articles 14, 16, 226, 309 and 311 of the Constitution of India to claim the following reliefs: -

(2.) THE background of the facts in which the above reliefs are prayed for can be summed as under:

(3.) LEARNED counsel Mr. Vyas for the petitioner has vehemently urged that the order releasing Mr. Ketan Parekh on bail is confirmed by the High Court. It is his further contention that the Ministry has no jurisdiction to release an accused if the offence is punishable by death or life, but if the offence is punishable with life only, then, the Magistrate has got jurisdiction to release the accused on bail. In this premise, it is contention of the learned counsel Mr. Vyas for the petitioner that the decision of initiating departmental enquiry on the basis of granting bail to Ketan Parekh, which is confirmed by the High Court was misconceived. It is his further contention that so far as handing criminal cases in which the petitioner's husband was interested being accused No. 2 could not have been made basis for initiating the departmental enquiry inasmuch as no favour is shown to the husband and heavy fine than the petitioner normally used to impose in any other case was imposed on her husband and therefore also the decision of initiating the departmental enquiry was not warranted. Mr. Vyas, learned counsel for the petitioner has also contended that major punishment of dismissal from service is too harsh looking to the nature of imputations against the petitioner and therefore he has urged that the petition may be allowed and petitioner may be reinstated in service with all consequential benefits.