STATE OF GUJARAT Vs. KETANKUMAR MADHAVJIBHAI VANANI

JUDGEMENT

(1.) Admit. Learned advocate Mr.Sanchela waives service of notice of admission for and on behalf of the respondent.

(2.) The learned Single Judge in the impugned judgement and order dtd. 18/12/2023 passed in the captioned writ petition, which is assailed in the present appeal, has decided the writ petition on the sole issue which has been recorded in paragraph No.7.1 of the judgement relating to the provisions of Rule 11(1)(a) of the Gujarat Civil Services (Disciplinary and Appeal) Rules, 2002. It appears that no other contentions were raised before the learned Single Judge.

(3.) The respondent, who was serving as a Chief Officer, was issued a charge-sheet dtd. 25/4/2023. A bare perusal of the charge-sheet reveals that the same is issued under Rule 11 Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971 (for short "the Rules, 1971") alleging violation of the provisions of the Gujarat Civil Services (Conduct) Rules, 1971 more particularly sub-rule (2) of Rule 3(1) and subrule (b) of Rule (3A). Thus, the charge-sheet itself reflects that the same is issued under Rule 11 of the Rules, 1971. Thus, there appears to be typing mistake in the order passed by the learned Single Judge, since erroneously the 2002 Rules are referred.