Gujarat HC grants relief to Morbi college professor facing action for ‘tampering of service record’

As per Gohil’s petition, filed through advocate Utkarsh Dave, he joined Shantilal Shah Engineering College in Bhavnagar, a government college under the Directorate of Technical Education, in 1991 as an ad hoc lecturer in mechanical engineering and was promoted by the Gujarat Public Service Commission (GPSC) to the post of lecturer of production engineering in 1995, and thereafter, as assistant professor in 2006. He was then transferred to Lukhdhirji Engineering College, Morbi, as an associate professor and worked there until 2015, when he requested to be transferred back to SS Engineering College, Bhavnagar. In September 2016, he was selected by the GPSC for promotion to the rank of professor of production engineering and continued to work at SS Engineering College until May 2022, when he was transferred to the Morbi college.

‘Adverse remarks, unauthorised absence, censure’

As per Dave, Gohil was accused of tampering with the service record in 2020, when he sought permission from the principal (of SS College) to get his service book bound afresh as it “was in tatters”. However, a week after he returned the newly bound book to the institution, a junior clerk informed the administrative officer that “some of the pages were missing from the service book”. The clerk noted that the pages related to “adverse remarks in the confidential record (of 2010 and 2011), notings regarding unauthorised absence for 54 days (in 2008) and notings regarding penalty of censure (2012)” were missing.

A chargesheet was issued against Gohil following a preliminary inquiry and after the completion of the disciplinary proceedings, at the advice of the GPSC. Gohil was served with a showcause notice and asked to provide his representation on the advice of the GPSC. Gohil challenged the chargesheet in the HC last year on the ground that “it was based on a preliminary inquiry, which is not permissible under law since there is no provision for preliminary inquiry under the Gujarat Civil Services (Discipline and Appeal) Rules, 1971”. “The advice of the GPSC was also challenged since it is a non-speaking order, which shows non-application of mind,” his application added.

Following the inquiry undertaken, the Government sought advice from the GPSC on the disciplinary proceedings against Gohil in October 2025. In December 2025, the GPSC “agreed with (the state government) in holding that a penalty of removal from service” was appropriate without directing disqualification for future service under the Government.

A single judge of the HC dismissed Gohil’s petition in December 2025, on the ground that the chargesheet was “not entirely based on the preliminary inquiry” and that he had raised the issue “at a late stage”. The court also held that it was “not necessary for the GPSC to provide reasons, drawing a parallel with the procedure of the Disciplinary Authority not giving any reason if it agrees with the Inquiring Officer on the finding of guilt”.

Advocate Utkarsh Dave said, “Our prayer before the court is that these pages relate to old matters of the years from 2008 to 2012, which have no adverse consequence on his service after a lapse of 12 years. During this time, he had also been promoted to the rank of professor in 2016… while the incident of alleged tampering with Service Book happened in 2020. Hence, he was promoted, by selection, on the recommendation of GPSC only after considering all aspects, including adverse entries.”

Dave added that in submissions before the court, it has been emphasised that pages were not counted before and after the service book was taken and handed over. “Since the missing pages have no consequence on his service, there was no motive for the appellant to tamper with his Service Book,” he said.

The court will hear the matter on February 24.