Facts
The petitioner, a Guardsman in the Border Wing of the Home Guard, was disembodied (terminated) from service vide order dated 23.03.2000
Source reference: p. 2This action followed criminal proceedings under the Prevention of Corruption Act, 1988 (Special Case No. 7 of 2001).
Source reference: no citationOn 06.10.2006, the Fast Track Court, Palanpur, acquitted the petitioner
Source reference: p. 3His subsequent representation for reinstatement was rejected on 14.11.2006.
Source reference: no citationThe State’s appeal against the acquittal (Criminal Appeal No. 145 of 2007) was eventually dismissed by the High Court on 12.07.2023, confirming the acquittal
Source reference: p. 4The petitioner approached the High Court seeking a review of his termination and reinstatement given his final acquittal and the fact that he has approximately three months of service remaining before superannuation
Source reference: p. 5Issues
Whether the respondent authorities are required to review/reconsider the petitioner's order of termination in light of his subsequent honorable acquittal in the relevant criminal trial.
Source reference: p. 5, para 8Law Applied
The court primarily relied on the principles established in *G.M. Tank v. State of Gujarat and Ors.* (2006) 5 SCC 446, which holds that if an employee is honorably acquitted in a criminal trial involving the same facts and evidence as the departmental proceedings, a dismissal based on those findings is unsustainable
Source reference: p. 4Furthermore, the court applied Government Resolution (GR) dated 19.04.2004, specifically Clause III, which mandates that decisions taken in departmental inquiries can be reviewed once a judgment in a corresponding criminal trial becomes available
Source reference: p. 5-6Reasoning
The court observed that the petitioner’s termination in 2000 was not preceded by a formal departmental inquiry
Source reference: p. 6, para 8Since the acquittal has now been confirmed by the High Court in 12.07.2023, the court found legal merit in the petitioner’s request for a review of the termination order.
Source reference: no citationThe court rejected the State's argument that the proximity of the petitioner's superannuation (May 2026) rendered the petition moot, noting that the petitioner had been diligent in filing the SCA within three months of the dismissal of the State’s criminal appeal
Source reference: p. 5-6Applying the GR dated 19.04.2004, the court reasoned that the final outcome of service-related actions must be reconsidered if the underlying criminal charges result in an acquittal
Source reference: p. 6Holding
The High Court allowed the petition in part, directing the State Government to reconsider and review the petitioner’s case in light of his acquittal
The court ordered the authorities to reach a decision by 30.04.2026 and communicate the same to the petitioner via Registered Post AD
Source reference: p. 6, para 9The Rule was made absolute to this extent, with no order as to costs
Source reference: p. 7Original Court PDF
Dalabhai Radhnathbhai Manvar v. State of Gujarat & Ors. [R/Special Civil Application No. 17296 of 2023]
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