High Court of Gujarat
PULKITKUMAR SATHWARA S/O CHANDRAKANT SATHWARAversusTHE MUNICIPAL COMMISSIONER
- Decided
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- NIRZAR S DESAI
Holding
The petition was dismissed as the disciplinary inquiry was already concluded and the matter no longer fell within the scope of the petition.
Summary
The petitioner, Pulkitkumar Sathwara, who is in jail, filed a special civil application challenging departmental proceedings. While the disciplinary inquiry was underway, an additional charge-sheet was issued, altering the nature of the charges. The respondent argued that the inquiry had already been completed and that the petition no longer pertained to the original charge-sheet. The court noted that the inquiry was concluded and no further order was necessary. Consequently, the petition was dismissed without any order as to costs.
Issues considered
- Whether a petition challenging departmental proceedings can be entertained after the inquiry has been completed and a new charge-sheet has been issued
Subjects
- departmental inquiry
- charge-sheet
- petition dismissal
- disciplinary proceedings
- court order
Judgment
C/SCA/11091/2025 ORDER DATED: 05/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11091 of 2025
=====================================================
PULKITKUMAR SATHWARA S/O CHANDRAKANT SATHWARA
Versus
THE MUNICIPAL COMMISSIONER & ANR.
=====================================================
Appearance:
MR. KM ANTANI(6547) for the Petitioner(s) No. 1
MR ANUJ K TRIVEDI(6251) for the Respondent(s) No. 2
MR HAMESH C NAIDU(5335) for the Respondent(s) No. 1
=====================================================
CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 05/02/2026
ORAL ORDER
1. Learned advocate Mr. Hamesh Naidu, appearing for
respondent No. 2, apprises the Court that the
petitioner is in jail, which is not disputed by
learned advocate Mr. K. M. Antani, appearing for
the petitioner.
2. It was submitted by learned advocate Mr. Hamesh
Naidu that departmental proceedings were
initiated and, after some progress therein, an
additional charge-sheet was issued to the
petitioner, whereby certain additional charges
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C/SCA/11091/2025 ORDER DATED: 05/02/2026
were levelled against the petitioner. In view
thereof, as the nature of the charge-sheet has
now changed and, according to learned advocate
Mr. Hamesh Naidu, the entire inquiry has also
been completed, there is no point in
entertaining this petition, as the additional
charge-sheet is not the subject matter of the
present petition. It is further submitted that
the inquiry has already been concluded and only
an appropriate order pursuant thereto is
required to be passed by the disciplinary
authority.
3. In view of the developments stated hereinabove,
no further order is required to be passed in
this petition, as the inquiry is already over.
Accordingly, the petition is dismissed. Notice
is discharged. No order as to costs.
(NIRZAR S. DESAI,J)
Pallavi
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PALLAVIBEN PRABHUDAS PANCHAL(HC01403), PRIVATE SECRETARY, at High Court of Gujarat on 05/02/2026 18:24:44
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