CHANDNI PRAREEK SHARMA Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) The short question for consideration before this Court is as to whether the de novo inquiry could have been ordered by the High Court within the scope of Rule 10 of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971 (in short as "the Rules' 1971") applicable to the petitioner herein appointed as the Civil Judge in Gujarat State Judicial Service and promoted to the cadre of Senior Civil Judge.

(2.) We may note that the Departmental Inquiry was initiated against the petitioner with the service of the chargesheet/memorandum of Article of Charges dtd. 17/10/2022 under the Rules' 1971. On the submission of the inquiry report dtd. 14/12/2023 by the inquiry officer in Departmental Inquiry No.1 of 2020, which commenced with the suspension order dtd. 29/2/2020, the matter was placed before the Standing Committee of the High Court. The inquiry officer found only one charge proved that the petitioner did not observe Dais hours strictly. The other charges No.(II) to (VIII) were found not proved.

(3.) The Standing Committee of the High Court on deliberation, however, reached at the conclusion that there are procedural lapses in conducting the inquiry and the evidence have not been properly appreciated. A show cause notice dtd. 13/2/2024 was, therefore, issued calling upon the petitioner to show cause as to why the inquiry report dtd. 14/12/2023 submitted by the inquiry officer be not rejected and de novo inquiry be not ordered. The petitioner while submitting reply to the notice of de novo inquiry, has supported the finding in the report and further submitted her desire to submit resignation from service in case she is required to face the inquiry de novo. The petitioner had also expressed her desire for grant of personal hearing.