C/SCA/18435/2019 ORDER DATED: 10/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 18435 of 2019 ========================================================== MADHUSUDAN TULSIDAS PARMAR Versus THE UTTAR GUJARAT VIJ COMPANY LIMITED (UGVCL) & ORS. ========================================================== Appearance: MR NIRAV C SANGHAVI(5950) for the Petitioner(s) No. 1 MR SP HASURKAR(345) for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 10/09/2025 ORAL ORDER 1. The present writ petition has been filed for the following relief: “7(B)Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction quashing and setting aside the impugned orders dated 15.03.2018, 17.04.2017, 28.09.2016 and 30.08.2016 passed by the respondent no. 3, 2 and 1 herein as the same being ex-facie, illegal, arbitrary and bad in law.” 2. At the outset, learned advocate Mr.Sanghavi appearing for the petitioner has submitted that the matter may be remanded to the stage of deciding the representation filed by the petitioner on 22.08.2016 since the Disciplinary Authority, at the first instance, without considering his reply, passed the impugned order of punishment dated 30.08.2016. It is submitted that thereafter, the petitioner filed the First Appeal on 23.09.2016, which was disposed of by the order dated 17.04.2017 however, in the meantime, when the Disciplinary Authority C/SCA/18435/2019 ORDER DATED: 10/09/2025 realized their mistake that they have not considered the representation, again passed a fresh order dated 28.09.2016. It is submitted that thereafter, the petitioner filed the Second Appeal, which is also dismissed by the order dated 15.03.2018. Thus, it is submitted that neither the Disciplinary Authority nor Appellate Authority has considered the contentions raised by the petitioner in the representation, which was filed against the findings of the Inquiry Officer. 3. Learned advocate Mr.Hasurkar appearing for the respondents is unable to controvert the aforesaid facts. 4. It is not in dispute that the petitioner was subjected to the departmental inquiry, which was initiated vide charge-sheet dated 23.07.2016. Ultimately, the Inquiry Officer found the charges proved and accordingly, the show-cause notice was issued upon the petitioner and he was called upon to submit his representation or explanation on the Inquiry Officer’s Report dated 07.07.2016. The petitioner accordingly, submitted his representation on 22.08.2016 however, it appears that the said reply was not received by the Disciplinary Authority and punishment order dated 30.08.2016 reducing his basic pay upto reducing last 03 yearly increments was passed against the C/SCA/18435/2019 ORDER DATED: 10/09/2025 petitioner. The petitioner accordingly filed First Appeal on 23.09.2016 pointing out that the Disciplinary Authority did not consider his representation dated 22.08.2016. It is pertinent to note that during pendency of the First Appeal filed by the petitioner, the Disciplinary Authority realized its mistake and again passed the order dated 28.09.2016 maintaining earlier order of punishment however, only a bare statement is incorporated in the said order that representation dated 22.08.2016 filed by the petitioner tendering his explanation to the Inquiry Officer’s Report is considered. 5. I do not find that the Disciplinary Authority has considered the contentions/ averments/ explanation tendered by the petitioner to the findings of the Inquiry Officer’s Report. Curiously, the First Appeal was decided on 17.04.2017 by considering the aforesaid order dated 28.09.2016 (second order of punishment). Thus, the appeal, which was filed by the petitioner against the initial order of punishment dated 30.08.2016 has been decided on the basis of the second order dated 28.09.2016. The Second Appeal filed before the competent authority is also dismissed by the order dated 15.03.2018. C/SCA/18435/2019 ORDER DATED: 10/09/2025 6. In view of the aforesaid irregularity committed by the Disciplinary Authority as well as the Appellant Authority, in order to see that the representation filed by the petitioner dated 22.08.2016 does not turn-up to a futile exercise, the Disciplinary Authority is directed to pass a reasoned order, after considering the averments/ explanation/ contentions tendered by the petitioner in his representation dated 22.08.2016. The same shall be passed within a period of 06 weeks from the date of receipt of this order. 7. Accordingly, the impugned orders, including the orders passed by the First Appellate Authority as well as Second Appellate Authority and second order passed by the Disciplinary Authority dated 28.09.2016, are hereby quashed and set aside. With these directions, the present writ petition stands disposed of. Direct service is permitted. Sd/- (A. S. SUPEHIA, J) NVMEWADA/37 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NEHABEN VINODBHAI MEWADA(HC01571), PRIVATE SECRETARY, at High Court of Gujarat on 12/09/2025 10:35:12