H N RAO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates.

(2.) The petitioner, a former Police Sub-Inspector, challenges the Order dated 4th March, 1999 made by the Director General & Inspector General of Police whereunder the petitioner has been dismissed from service. The said order has been confirmed in revision by the State Government on 29th November, 1999.

(3.) In the year 1993 an offence punishable under Sections 7, 12, 13 (1) & 13 (2) of the Prevention of Corruption Act, 1988 and Section 161 IPC was registered against the petitioner in the Nadiad ACB Police Station. The petitioner was tried in Special Case No. 7 of 1994. The learned Addl. Sessions Judge, Nadiad by his judgment and order dated 5th May, 1998 convicted the petitioner for offence punishable under Sec. 161 IPC and sentenced him to suffer 1 years' rigorous imprisonment and a fine of Rs. 1,000/=. The petitioner was also convicted for the offence punishable under the Prevention of Corruption Act, 1988 and was sentenced to suffer rigorous imprisonment for two years and a fine of Rs. 2,000/=. Feeling aggrieved, the petitioner has preferred Criminal Appeal No. 449 of 1998 which is pending before this Court. Upon appeal, the petitioner has been released on bail. Pursuant to his conviction, the petitioner has been dismissed from service by the impugned Order dated 13th October, 1998 which is confirmed in revision on 29th November, 1999; as aforesaid.