Gujarat High Court Expresses Shock Over Misleading Service Cases; Warns Government Pleaders To Be Careful In Batch Cases
The Gujarat High Court warned the Advocate and AGPs appearing for the parties to “remain careful” so that correct facts of each of the Petitioners are mentioned in a group of Petitions.
The Gujarat High Court has expressed its shock over misleading Petitions which are filed before the Single Bench while issuing a warning to the lawyers.
The Court gave a warning to Advocate Swapneshwar Goutam, appearing for the Applicant, as well as the Additional Government Pleaders (AGP) to “remain careful” as and when a number of Petitions are filed and the correct facts of each of the Petitioners must be tendered in such group of Petitions.
A Division Bench of Justice AS Supehia and Justice Gita Gopi remarked, “Time and again, it is noticed by us that the orders are obtained in group of petitions, where numerous employees are made parties who also belong to different departments and correct facts are not pointed out before the learned Single Judges. This is one of such matter.”
Advocate MB Gohil appeared for the Opponent.
Brief Facts
The Petition was filed alleging non-compliance with a Single Judge’s directions. However, during proceedings, the Court discovered that the department in which the Applicants were serving was not even made the party. Instead of listing Sardar Sarovar Narmada Nigam Ltd., the Petition listed the Narmada, Water Resources, Water Supply, and Kalpasar Department—two distinct Departments.
Court’s Remarks
The Division Bench noted that on the basis of the Order passed by the Single Judge, the benefit of an increment was extended to the Applicants in the case.
“When such error was pointed out by the learned advocate Mr. Swapneshwar Goutam for the applicants and also learned AGPs, they have tendered apology and have submitted that the applicants may not be made to suffer for the error committed by the learned advocates in the present proceedings as well as before the learned Single Judge,” it further noted.
“The learned AGPs have also failed to point out the correct status of the petitioners before the learned Single Judges. Though it is noticed that a chart has been annexed in the Writ Petition, however, the same is also incomplete as it does not show under which department the applicants were serving,” the Division Bench pointed out.
Stating that it was inclined to impose exemplary costs for misleading the Single Judge and this Court, the Division Bench acceeded to the request of the Counsel after they tendered an apology and assured that such things will not be repeated again.
Consequently, the Court ordered, “Request is acceded to. Accordingly, the present application stands disposed of as withdrawn with a warning to the learned advocate Mr. Goutam as well as learned AGPs to remain careful as and when number of petitions are filed and the correct facts of each of the petitioners shall be tendered in such petitions.”
Cause Title: Gemarbhai Dalabhai Desai & Ors. v. S.K. Patel, Superintending Engineer, Irrigation Mechanical & Ors. (Neutral Citation: 2025:GUJHC:7228-DB)
