IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 13922 of 2014 ============================================= RAFIQ MOHAMMAD BABUBHAI GANJA Versus STATE OF GUJARAT & ORS. ============================================= MR BHUVNESH GAHLOT FOR MR NK MAJMUDAR(430) for the Petitioner(s) No. 1 MS FORUM SUKHADWALA, AGP for the Respondent(s) No. 1,2,3,4 ============================================= CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT Date : 24/02/2026 ORAL ORDER 1. Heard Mr.Bhuvnesh Gahlot, learned advocate for the petitioner and Ms.Forum Sukhadwala, learned AGP for the State respondents. 2. The present petition is 8led under Article 226 of the Constitution of India, seeking the following reliefs : “A) Be pleased to allow this Petition; B) Be pleased to issue appropriate writ, order or direction and be pleased to quash and set aside the order dated 11.04.2014 passed by the respondent no.2; C) Be pleased to issue appropriate writ, order or direction upon the respondent authorities and be pleased to quash and set aside the impugned order dated 08/11.04.2008 passed by the respondent No.2, by which the order dated 30.10.2007 passed by the respondent No.3 in Appeal preferred by the petitioner came to be con(rmed and the petitioner was placed in the original pay scale for a period of two years with future e)ect and the period between the order of compulsory retirement and reinstatement was ordered to be treated as extraordinary leave; p. 1 D) Be pleased to issue appropriate writ, order or direction upon the respondent authorities and be pleased to direct the respondents to regularize the suspension period of 18.01.1985 to 20.06.2000 as in service and to release all the consequential bene(ts including promotion and seniority;” 3. At the outset, Ms.Sukhadwala, learned AGP has pointed out to this Court that the present petition may not be entertained by this Court, inasmuch as the punishment substituted by the Appellate Authority was at the instance of the petitioner. Learned AGP has drawn the attention of this Court to the fact that before the Appellate Authority the original petitioner had requested to substitute the order of punishment of compulsory retirement with stoppage of increment with future e?ect. Accordingly, the Appellate Authority has substituted the punishment whereby it imposed a penalty of stoppage of two increments with future e?ect. 4. Per contra, Mr.Gahlot, learned advocate for the petitioner is not in a position to controvert the aforesaid fact as recorded in the impugned order dated 30.10.2007 passed by the Appellate Authority – respondent No.2 herein. 5. Having heard the learned advocates for the respective parties and upon perusal of the impugned order dated 30.10.2007 passed by the Appellate Authority wherein the following submission/request of the petitioner has been recorded : “It is the humble submission of the helpless employee of the lowest rank that instead of compulsory retirement, if a minor penalty such as stoppage of future increments etc. is imposed, it would be su5cient." p. 2 6. When the original petitioner himself requested the Appellate Authority to substitute the penalty from compulsory retirement to stoppage of increment with future e?ect and apropos to such request the Appellate Authority has substituted the punishment, accordingly, I do not 8nd any merit in the petition. 7. It appears that the order impugned was passed with the consent of the original petitioner who changed his mind later in point of time upon receipt of the impugned order. 8. In view of the aforesaid facts and for the foregoing reasons, this Court would not like to exercise its extraordinary jurisdiction under Article 226 of the Constitution of India in favour of such a petitioner who accepted the guilt before the authority and agreed to accept the penalty. 9. In view of the foregoing conclusion, the present petition being meritless, is hereby dismissed. Rule is discharged. Interim relief, if any, stands vacated. (MAULIK J. SHELAT, J) GAURAV J THAKER p. 3 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAURAVKUMAR JANARDANBHAI THAKER(HC00951), Principal Pvt. Secretary, at High Court of Gujarat on 24/02/2026 15:19:54