UTTAR GUJARAT VIJ COMPANY LIMITED vs CHANDNIBEN KANAIYALAL PATEL

C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/LETTERS PATENT APPEAL NO. 516 of 2026
In R/SPECIAL CIVIL APPLICATION/4701/2025
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2026
In R/LETTERS PATENT APPEAL NO. 516 of 2026
With
R/LETTERS PATENT APPEAL NO. 517 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4729 of 2025
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R/LETTERS PATENT APPEAL NO. 518 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4714 of 2025
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R/LETTERS PATENT APPEAL NO. 519 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4742 of 2025
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R/LETTERS PATENT APPEAL NO. 520 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4734 of 2025
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R/LETTERS PATENT APPEAL NO. 521 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4750 of 2025
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R/LETTERS PATENT APPEAL NO. 522 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4766 of 2025
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R/LETTERS PATENT APPEAL NO. 523 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 5217 of 2025
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R/LETTERS PATENT APPEAL NO. 524 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4728 of 2025
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R/LETTERS PATENT APPEAL NO. 525 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4744 of 2025
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
R/LETTERS PATENT APPEAL NO. 526 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4759 of 2025
With
R/LETTERS PATENT APPEAL NO. 527 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4778 of 2025
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R/LETTERS PATENT APPEAL NO. 528 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4775 of 2025
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R/LETTERS PATENT APPEAL NO. 529 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4746 of 2025
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R/LETTERS PATENT APPEAL NO. 530 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4763 of 2025
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R/LETTERS PATENT APPEAL NO. 531 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4735 of 2025
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R/LETTERS PATENT APPEAL NO. 532 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4768 of 2025
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R/LETTERS PATENT APPEAL NO. 533 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4773 of 2025
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R/LETTERS PATENT APPEAL NO. 534 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4771 of 2025
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R/LETTERS PATENT APPEAL NO. 535 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4757 of 2025
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R/LETTERS PATENT APPEAL NO. 536 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4721 of 2025
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R/LETTERS PATENT APPEAL NO. 537 of 2026
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
In
R/SPECIAL CIVIL APPLICATION NO. 4755 of 2025
With
R/LETTERS PATENT APPEAL NO. 538 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4777 of 2025
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R/LETTERS PATENT APPEAL NO. 539 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4733 of 2025
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R/LETTERS PATENT APPEAL NO. 540 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4716 of 2025
With
R/LETTERS PATENT APPEAL NO. 541 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4737 of 2025
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R/LETTERS PATENT APPEAL NO. 542 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4713 of 2025
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R/LETTERS PATENT APPEAL NO. 543 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4726 of 2025
With
R/LETTERS PATENT APPEAL NO. 544 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4745 of 2025
With
R/LETTERS PATENT APPEAL NO. 545 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4765 of 2025
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R/LETTERS PATENT APPEAL NO. 546 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 7422 of 2025
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R/LETTERS PATENT APPEAL NO. 547 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4767 of 2025
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R/LETTERS PATENT APPEAL NO. 548 of 2026
In
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
R/SPECIAL CIVIL APPLICATION NO. 4760 of 2025
With
R/LETTERS PATENT APPEAL NO. 549 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4752 of 2025
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R/LETTERS PATENT APPEAL NO. 550 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4779 of 2025
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R/LETTERS PATENT APPEAL NO. 551 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4738 of 2025
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R/LETTERS PATENT APPEAL NO. 552 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4722 of 2025
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R/LETTERS PATENT APPEAL NO. 553 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4736 of 2025
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R/LETTERS PATENT APPEAL NO. 554 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4715 of 2025
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R/LETTERS PATENT APPEAL NO. 555 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4761 of 2025
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R/LETTERS PATENT APPEAL NO. 556 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4749 of 2025
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R/LETTERS PATENT APPEAL NO. 557 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4754 of 2025
With
R/LETTERS PATENT APPEAL NO. 558 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4740 of 2025
With
R/LETTERS PATENT APPEAL NO. 559 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4776 of 2025
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
With
R/LETTERS PATENT APPEAL NO. 560 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4747 of 2025
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R/LETTERS PATENT APPEAL NO. 561 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4758 of 2025
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R/LETTERS PATENT APPEAL NO. 562 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4769 of 2025
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R/SPECIAL CIVIL APPLICATION NO. 4718 of 2025
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R/LETTERS PATENT APPEAL NO. 564 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4732 of 2025
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R/LETTERS PATENT APPEAL NO. 565 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4753 of 2025
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R/LETTERS PATENT APPEAL NO. 566 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4762 of 2025
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R/LETTERS PATENT APPEAL NO. 567 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4725 of 2025
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R/LETTERS PATENT APPEAL NO. 568 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4708 of 2025
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R/LETTERS PATENT APPEAL NO. 569 of 2026
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R/SPECIAL CIVIL APPLICATION NO. 4764 of 2025
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R/LETTERS PATENT APPEAL NO. 570 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 5222 of 2025
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
R/LETTERS PATENT APPEAL NO. 571 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4756 of 2025
With
R/LETTERS PATENT APPEAL NO. 572 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4772 of 2025
With
R/LETTERS PATENT APPEAL NO. 573 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 7040 of 2025
With
R/LETTERS PATENT APPEAL NO. 574 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4741 of 2025
With
R/LETTERS PATENT APPEAL NO. 575 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4717 of 2025
With
R/LETTERS PATENT APPEAL NO. 576 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4723 of 2025
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R/LETTERS PATENT APPEAL NO. 577 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 5978 of 2025
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R/LETTERS PATENT APPEAL NO. 578 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4739 of 2025
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R/LETTERS PATENT APPEAL NO. 579 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6230 of 2025
With
R/LETTERS PATENT APPEAL NO. 580 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4731 of 2025
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R/LETTERS PATENT APPEAL NO. 581 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 6074 of 2025
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R/LETTERS PATENT APPEAL NO. 582 of 2026
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
In
R/SPECIAL CIVIL APPLICATION NO. 4719 of 2025
With
R/LETTERS PATENT APPEAL NO. 583 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4727 of 2025
With
R/LETTERS PATENT APPEAL NO. 584 of 2026
In
R/SPECIAL CIVIL APPLICATION NO. 4751 of 2025
==========================================================
UTTAR GUJARAT VIJ COMPANY LIMITED
Versus
CHANDNIBEN KANAIYALAL PATEL
==========================================================
Appearance:
MR DIPAK R DAVE(1232) for the Appellant(s) No. 1
MR SHALIN MEHTA, SR.ADV with ADITI S RAOL(8128) and MR NINAD P
SHAH(10911) and MR MEET A SHAH for the Respondents
==========================================================
CORAM: HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA
and
HONOURABLE MR.JUSTICE J. L. ODEDRA

Date : 10/07/2026
ORAL JUDGMENT
(PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA)
1. In the year 2019, a notification was issued calling for
applications to the post of Vidyut Sahayat, i.e. Junior
Assistant. On an examination being conducted and after
preparing a select list, the respondents herein on their
names to be included in the select list, they were thereafter
appointed on a contractual basis for a period of three
years. One of the terms of contract was that if they were
being suitable they would be absorbed in the service on a
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
permanent basis. Pursuant to this contract, the
respondents started discharging their services in the year
2021.
2. About three years, thereafter in 2024, it appears the police
after investigating a complaint about alleged irregularities
in the conduct of the exam, proceeded to lay a chargesheet
against the respondents.
3. This became the starting point of initiation of proceedings
against the respondents after the police informed the
appellant about the chargesheet.
4. A show cause notice was issued to them, their replies were
obtained and thereafter a chargesheet was issued and an
inquiry was conducted against them. The Inquiry officer,
on consideration of the matter, concluded that the guilt of
the respondents had been established. The Inquiry officer
basically came to the said conclusion by giving the
reasoning that they had been chargesheeted and that by
itself amounted to the proof of guilt of the respondents.
5. The Inquiry officer submitted a report that the charges
were proved and the Disciplinary authority, accordingly,
accepted the report and proceeded to terminate the
services of the respondents. As a consequence, the
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
respondents herein filed a writ petition and the learned
Single Judge, by the impugned order, has allowed the writ
petition.
6. Learned Single Judge, in order to support his judgement,
has given a finding in the following terms:-
“33. In the considered opinion of this Court, on the
basis of the discussion as hereinabove, while it is
always open for the respondent as an employer to
rely upon material as collected by the Investigating
Officer while filing the police charge-sheet, yet, such
material would not automatically acquire the status
of being a certificate of guilt against the delinquent.
The Presenting Officer is required to lead evidence in
support of the allegations levelled against the
delinquent and the Inquiry Officer is required to
analyze the evidence and the material laid down by
both the parties from the standard of proof of
preponderance of probability and come to a
conclusion as to whether the delinquent is guilty or
not of the charges levelled against him. The
disciplinary authority has to ensure that the
procedure is followed by the Inquiry Officer and he
has not taken into consideration irrelevant material
or that he has not ignored relevant material to arrive
at finding of guilt and whereas it is only thereafter
that the disciplinary authority could impose
appropriate punishment upon the delinquent. In the
instant case, it would clearly appear that the
fundamental procedure to be followed in the
departmental proceedings is completely done away
with and whereas it would also appear that the
petitioner is held guilty of the charges without there
being any discussion or analysis of the material even
in the police charge-sheet. The disciplinary authority
has failed to notice and take cognizance of the above
fundamental lacuna.”
7. As could be seen from the above, the learned Single Judge
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
has basically found that the Inquiry officer came to the
conclusion that the respondents were guilty only because a
chargesheet had been laid against them by the police. The
learned Single Judge has found that the appellants did not
lead any evidence in support of their allegations and
basically relied upon the criminal proceedings initiated
against the respondents.
8. If this was the reasoning of the learned Single Judge, in a
case where the allegations were that the respondents had
secured their appointment by committing serious
malpractices during the conduct of the examination, the
appropriate course of action by the learned Single Judge
was to have remanded the matter to the authorities for
conduct of a fresh inquiry so as to enable the employer to
establish the guilt that was alleged against the employees.
9. However, the learned Single Judge has come to the
conclusion that since the findings of the Inquiry officer
were vitiated, by virtue of consideration of irrelevant
material, he has quashed the entire proceedings and has
not even given a liberty to the employer to hold a fresh
inquiry.
10. In our view, to this extent the order of the learned Single
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C/LPA/516/2026 JUDGMENT DATED: 10/07/2026
Judge will have to be modified. The appellants shall be
permitted to conduct an inquiry afresh and the appellants
would be at liberty to produce all material to establish the
guilt of the respondents before the Inquiry officer. At the
same time, the respondents shall also have the liberty to
produce all such materials that are available with them to
establish that they had not conducted any malpractice
during the conduct of the examination. The Inquiry officer
shall consider the evidence adduced by the employer as
well as by the employees thereafter take a decision
regarding the guilt of the respondents.
11. The impugned order is, accordingly, affirmed insofar as it
relates to setting aside the order of dismissal, but it is also
modified to the extent of permitting the appellants to
conduct a fresh inquiry against the respondents herein.
The writ appeals are, accordingly, allowed to that extent.
Connected Civil Applications, if any, shall also stand
disposed of.
(N.S.SANJAY GOWDA,J)
(J. L. ODEDRA, J)
SUDHIR
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