High Court of Gujarat

KETKIBEN VASUDEVBHAI VYASversusGUJARAT INFORMATION COMMISSION

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: HEMANT M PRACHCHHAK

Holding

Compliance with a fine does not constitute misconduct and therefore cannot be treated as a stigma in the service record.

Summary

Petitioner Ketkiben Vasudevbhai Vyas filed a special civil application challenging an order that imposed a penalty on him, contending that compliance with the fine would create a stigma in his service record. He submitted the payment challan and argued that the fine should not be treated as misconduct. The Court observed that the petitioner had willingly paid the fine and held that such compliance does not amount to misconduct or a stigma in his service record. Consequently, the Court disposed of the writ petition as not pressed, discharged the notice, and vacated the earlier interim relief. No order as to costs was made.

Issues considered

Whether compliance with a court-imposed fine constitutes misconduct that should be recorded as a stigma in the petitioner’s service record.
Whether a writ petition can be dismissed as not pressed when the petitioner has complied with the impugned order.
Effect of vacating the interim relief previously granted.

Subjects

service recordpenaltystigmawrit petitioncomplianceGujarat Information Commissionspecial civil application

Judgment

       C/SCA/5684/2024                           ORDER DATED: 17/04/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 5684 of 2024

==========================================
                  KETKIBEN VASUDEVBHAI VYAS
                               Versus
            GUJARAT INFORMATION COMMISSION & ORS.
==========================================
Appearance:
SHIVANG P JANI(8285) for the Petitioner(s) No. 1
MR SHIVANG M SHAH(5916) for the Respondent(s) No. 1
MR. YOGENDRA THAKORE(3975) for the Respondent(s) No. 4
NOTICE SERVED for the Respondent(s) No. 2,3
==========================================

     CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK

                          Date : 17/04/2026

                             ORAL ORDER


1.      Learned counsel for the petitioner submits that the petitioner
has complied with the impugned order and he therefore does not
press the present writ petition. In this regard, learned counsel for the
petitioner has tendered copy of the challan in respect of payment of
penalty imposed upon the petitioner, the same is taken on record. He
further submits that the compliance of the impugned order may not
be considered as a stigma in the service record of the petitioner.


2.      Considering the submissions, this Court is of the considered
opinion that the petitioner has readily and willingly paid the amount of
fine. The imposition of fine and compliance thereof shall not be
construed as a stigma in his service record, since the said compliance
will not amount to any misconduct on the part of the petitioner.



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         C/SCA/5684/2024                                                                ORDER DATED: 17/04/2026




3.          With the aforesaid observation, the present writ petition is
disposed of as not pressed. Notice is discharged. Interim relief
granted earlier stands vacated forthwith. There shall be no order as to
costs.

                                                                      (HEMANT M. PRACHCHHAK,J)
V.R. PANCHAL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIJAYKUMAR RAMESHBHAI PANCHAL(HC00171), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/04/2026 16:36:13




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