SCA/20295/2016

Judgment text excerpt

NEUTRAL CITATION C/SCA/20295/2016 JUDGMENT DATED: 22/06/2026 2026:GUJHC:38535-DB IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 20295 of 2016 With R/SPECIAL CIVIL APPLICATION NO. 9236 of 2016 ========================================================== ARJUNBHAI DHANJIBHAI KHARADI S/O DHANJIBHAI KHARADI Versus UNION OF INDIA & ORS. ========================================================== Appearance: MR MS RAO for HIMANSHI R BALODI(8919) for the Petitioner(s) No. 1 ADVOCATE NOTICE SERVED for the Respondent(s) No. 4 ADVOCATE NOTICE UNSERVED for the Respondent(s) No. 5 MS ARCHANA U AMIN(2462) for the Respondent(s) No. 1,2,3 ========================================================== CORAM:HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA and HONOURABLE MR.JUSTICE J. L. ODEDRA Date : 22/06/2026 ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA) 1. The facts leading to the filing of these appeals are as follows: i. Arjunbhai Dhanjibhai Kharadi (hereinafter referred to as the “Teacher”) was appointed as a Physical Education Teacher in the year 2004. ii. In respect of an incident, which took place on 27.2.2009, a complaint had been lodged against the teacher and he was placed under suspension. iii. This order of suspension was challenged before Page 1 of 6 Uploaded by () on Downloaded on : Tue Jun 30 23:14:01 IST 2026 NEUTRAL CITATION C/SCA/20295/2016 JUDGMENT DATED: 22/06/2026 2026:GUJHC:38535-DB this Court but the same was rejected. iv. A memorandum of charges was issued to the petitioner on 10.6.2009. v. A defense statement was also submitted by the teacher on 7.7.2009. vi. Since the reply was found to be unacceptable, by an order dated 6.8.2009, an inquiry officer was appointed to inquire into the charges and submit a report. vii. Accordingly, an i