Ahmedabad: In a relief for a govt lawyer, the Gujarat high court has quashed departmental punishment given to him for giving his NOC to the bail application filed by a builder, who was arrested after the collapse of a building in the 2001 earthquake.Three increments of the assistant public prosecutor, B G Chaudhary, then posted with the metropolitan court here, were stopped with future effect after a departmental inquiry. The action arose from his endorsement of “no objection” on a bail application filed by the builder in a case involving offences under the Indian Penal Code and the Gujarat Ownership Flats Act. The complainant, described as an earthquake victim, had objected to the endorsement and approached authorities against the lawyer’s gesture. The HC noted that Chaudhary did not dispute making the endorsement. However, it found that the disciplinary authority failed to consider his detailed final reply explaining the circumstances in which the endorsement was made. HC said that his submissions were neither recorded nor addressed before holding him guilty. It held that such non-consideration violated principles of natural justice and fairness. The HC also said that relevant factors, including the police filing a closure report against the builder, the complainant later turning hostile, and Chaudhary’s unblemished service record, were overlooked. It said, “Since the impugned order was passed in the year 2011, the respondent-disciplinary authority is hereby directed to decide the matter within a period of two months from the date of receipt of a copy of this order. The authority must now decide the matter afresh within two months.”
