Jagdish Patel Son of Arvindbhai Patel IPS vs HOME AFFAIRS on 5 November 2026

1. Jagdish Patel S/o Arvindbhai Patel (IPS), Presently under Suspension, Male, Age: 55 years, Resi. Post: Hilol, Taluka: Dehgam, District: Gandhinagar.

……………………. Applicant.

(By Advocate: Mr. Pujara Kaushik Bhudharbhai & Ms. Harshal N Pandya)

VERSUS

1. Government of India,

Ministry of Home Affairs (Police-I Division), Notice to be served through:

The Secretary,

Hall No. 34020, Kartavya Bhavan-03,

Janpath, New Delhi – 110 001.

2. State of Gujarat,

Notice to be served through:

The Additional Chief Secretary,

Home Department,

Block No. 2, 1st/2nd Floor, New Sachivalaya, Sector 10, Gandhinagar – 382 010.

………………….. Respondents.

(By Advocate: Mr. H.D. Shukla for the Respondent No.1)

PRATIK VYAS

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O R D E R (ORAL) Per : Hon’ble Shri Jayesh V. Bhairavia, Member (Judicial)

1. In the instant OA, the applicant being aggrieved with the Order No. 26011/33/2026-IPS-II dated 23.09.2025 (Annexure A/1) issued by the Respondent No.1 whereby the applicant has been put to show cause why maximum penalty of “dismissal from service” should not be imposed upon him since he has been convicted by the Hon’ble Special Judge (ACB), City Civil and Sessions Court Ahmedabad vide order dated 29.08.2025 and in terms of the provisions of Rule 14 of the All India Services (Discipline & Appeal) Rules 1969 he was called upon to submit his representation within fifteen (15) days with regard to the proposed maximum penalty and also being aggrieved with Order dated 11.02.2026 (Annexure A/2) whereby the applicant is deemed to have been placed under suspension w.e.f. 29.08.2025 in terms of Rule 3 of All India Services (Discipline & Appeal) Rules 1969, until further orders, has filed the present OA under Section 19 of the Administrative Tribunals Act 1985 seeking relief as prayed for in para 8 and interim relief as prayed for in para 9 of the OA.

2. In support of the prayer sought in this OA, learned counsel Mr. Pujara Kaushik submitted as under:- 2.1 That the impugned order of show cause dated 23.09.2026 (Annexure A/1) was received by the applicant on 09.10.2026 whereby he was granted fifteen (15) days time to submit his representation. Thereafter, the applicant vide request letter dated 23.10.2026 (Annexure A/10) requested the Competent Authority for extension of time limit to submit his reply to show cause up to 23.12.2026 on the ground that he wants to collect all the relevant documents and prepare a proper reply. However, the said request of the applicant dated 23.10.2026 is pending for consideration before the Competent Authority. 2.2 Learned counsel submits that at this stage, the applicant has approached this Tribunal seeking relief to quash and set aside the impugned show cause notice dated 23.09.2026 (Annexure A/1) and prayed for restraining the respondents from dismissing the applicant from service

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till the final outcome of pending Criminal Appeal No. 2958/2025 before the Hon’ble High Court of Gujarat which is admitted vide order dated 21.11.2025 (Annexure A/5). 2.3 Further, learned counsel submits that the applicant being aggrieved with the conviction order had approached the Hon’ble High Court of Gujarat by way of filing Criminal Miscellaneous Application No. 1/2025 in Criminal Appeal No. 2958/2025 seeking suspension of sentence wherein, the Hon’ble High Court of Gujarat by considering the material on record prima facie observed that there is no evidence to connect the applicant with the crime and by considering other grounds as well vide order dated 16.03.2026 (Annexure A/8) allowed the said Criminal Miscellaneous Application No. 1/2025 and suspended the sentence of the applicant herein. Further, it is submitted by learned counsel for the applicant that the Hon’ble High Court has also observed that the petitioner is likely to succeed in Criminal Appeal No. 2958/2025. 2.4 Learned counsel for the applicant submits that the action of the respondents to issue impugned show cause notice dated 23.09.2026 (Annexure A/6) without considering the said observation of the Hon’ble High Court and also the fact that Criminal Appeal No. 2958/2025 is admitted and pending for final hearing, is illegal and arbitrary. In support of the aforesaid submission, learned counsel for the applicant relied upon the judgment passed by the Hon’ble High Court of Gujarat in case of Ahmadkhan Inayatkhan Vs. District Superintendent of Police, Banaskantha & Anr., Reported in 1989

(2) GLR 1301 wherein it has been held that in a case where an appeal against the order of conviction is pending, passing of an order of dismissal is improper. 2.5 Further, by referring the provisions of Rule 14 of the All India Services (Discipline & Appeal) Rules 1969 more particularly Rule 14 (iii), learned counsel submits that the Disciplinary Authority is under obligation to consider the circumstances of the case and pass an order

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provided that he shall be given an opportunity of making a representation on the penalty proposed before any order is made on the ground of conduct which has led to his conviction on criminal charge. 2.6 Learned counsel after arguing for some time submits that the applicant vide request dated 23.10.2026 sought extension of time to submit his comprehensive representation/reply to the impugned show cause notice dated 23.09.2026 (Annexure A/1) on the ground that he need to collect and examine documents from several sources and his mother's ill health during this period also required his personal attention and he received the said show cause notice dated 23.09.2026 on 09.10.2026 which is pending. Further, he submits that the representation/reply to the said show cause notice will be filed by the applicant on or before 30.11.2026. On receipt of it, the respondents shall consider it in light of the circumstances and only thereafter pass appropriate order, till then the respondents be directed not to take any coercive steps against the applicant as intended in the impugned show cause notice dated 23.09.2026.

3. On receipt of the advance copy of the OA, Advocate Mr. H.D. Shukla appears on behalf of the Respondent No. 1 and submits that there is no illegality in the show cause notice dated 23.09.2026 (Annexure A/1) since the same is issued in consonance with the provisions contained in Rule 14 of the All India Services (Discipline & Appeal) Rules, 1969. 3.1 Further, he submits that the OA is premature and accordingly, the applicant is not entitled for any relief and interim relief as prayed for in para 8 and 9 of the OA respectively.

4. Heard learned counsel for the parties and perused the material available on record.

5. It emerges from the record that the applicant who is IPS (under Suspension) Officer working under the Respondent No.2 has been convicted by the Hon’ble Special Judge (ACB), City Civil and Sessions Court Ahmedabad vide order dated 29.08.2025. Being aggrieved with the said conviction, the applicant has filed Criminal Appeal No.

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2958/2025 before the Hon’ble High Court of Gujarat which is admitted vide order dated 21.11.2025 (Annexure A/5) and pending for final hearing. 5.1 In the meantime, the applicant has also filed Criminal Miscellaneous Application No. 1/2025 (For Suspension of Sentence) in R/Criminal Appeal No. 2958/2025 before the Hon’ble High Court of Gujarat which was allowed vide order dated 16.03.2026 (Annexure A/8) and accordingly, the sentence of the applicant was suspended. Thereafter, the respondents by taking cognizance of continuation of conviction of the applicant issued impugned show cause notice dated 23.09.2026 (Annexure A/1) in terms of provision of Rule 14 of the All India Services (Discipline & Appeal) Rules 1969 and called upon the applicant to submit his representation within fifteen (15) days. In response thereto, the applicant vide request dated 23.10.2026 (Annexure A/10) sought extension of time upto 23.12.2026 to submit proper reply to the impugned show cause notice. At this stage, the applicant has approached this Tribunal.

6. Considering the aforesaid factual matrix and also submissions made by learned counsel Mr. Pujara Kaushik on behalf of the Applicant and by learned counsel Mr. H.D. Shukla on behalf of the Respondent No. 1, we deem it appropriate to dispose of this OA at admission stage by granting liberty to the applicant to submit his representation/reply on or before 30.11.2026 to the impugned show cause notice dated 23.09.2026 (Annexure A/1). On receipt of the representation/reply of the applicant, the respondents shall consider it in accordance with law and by following the principle of natural justice and intimate the decision thereon to the applicant forthwith. It is expected that till the decision on the representation of the applicant is taken and communicated to the applicant, the respondents may not take any coercive steps against the applicant without following the principle of natural justice.

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7. In view of what is stated herein above, the OA is disposed of at admission stage. It is made clear that we have not expressed any opinion on the merit of the claim of the applicant.

8. Direct Service is permitted through the applicant for the Respondent No. 2 and liberty is granted to serve the Respondent No. 1 through Speed Post.

(Sanjiv Kumar) (Jayesh V Bhairavia)

Member (A) Member (J)

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PRATIK VYAS