STATE OF GUJARAT Vs. JUSAB HASMABHAI

JUDGEMENT

(1.) This Appeal has been preferred by the appellant being aggrieved by the judgment and decree passed by the learned Third Extra Assistant Judge, Rajkot, in Civil Appeal No. 288 of 1981, whereby the Third Extra Assistant Judge, Rajkot, set aside the judgment and decree passed by the learned Second Joint Civil Judge, Rajkot, in Civil Suit No. 447 of 1980 by which the suit of the plaintiff came to be dismissed.

(2.) Present respondent was original plaintiff in Civil Suit No. 447 of 1980. He filed Civil Suit for declaration to the effect that the plaintiff continues in service of the defendants and for the declaration that Notice dated 10th June, 1980 of defendant No. 2 and subsequent office order which is placed on record at Exh. 44 and is dated 8th July, 1980 are illegal, against the principle of natural Justice, unconstitutional, null and void and not tenable at law.

(3.) The fact of the case is that the present respondent original plaintiff joined service as Armed Police Constable on 7th July, 1978 on temporary basis and for the probation for two years without any kind of inquiry, according to the plaintiff, he received a show- cause notice for termination of his employment from defendant No. 2 and by this Notice after 30 days, the employment of the plaintiff was to be terminated. After the Notice, the Plaintiff was also received an Officer Order which is placed at Exh. 44 on 8th July, 1980 relieving the plaintiff from his employment and Exh. 44 says that the plaintiff was relieved from his service because his services were not required. Plaintiff challenged the said notice and order Exh. 44 on various grounds. The main ground was the order was in violation of Arts. 14 and 16 of the Constitution of India and was arbitrary, hostile and was based on complaint received from anonymous person and from one Jamadar and the service came to be terminated without holding any departmental inquiry or giving any opportunity of being heard to the plaintiff. The plaintiff further urged, therefore, the action of the defendants was in violation of Art. 311(3) of the Constitution of India. 3. Defendants present appellants by filing the written statement, took a stand that the plaintiff was appointed on probation with condition that his service was likely to be terminated at anytime without any notice. It was admitted in the written statement that the plaintiff committed serious breach of duties while on guard from 10th July, 1979 to 12th July, 1979. It was also admitted that the plaintiff ganged with other Police Constables who insulted Guard Commandant and, therefore, inquiry was held and the probation of the plaintiff was extended. During this, he was involved in another serious misconduct and he developed illicit relation with one unmarried girl who became pregnant, and the conduct of the plaintiff, therefore, according to defendant were found completely unsatisfactory. It is further contended that it was considered needless to cause embarrassment to her by dragging her into departmental proceedings as a witness when purpose could be served by discharging the Police Constable i.e. plaintiff, who was on probation under Rule 90(2) of Gujarat Police Manual Vo. I. It is the case of the defendants that the plaintiff was not found fit for confirmation and, therefore, the order of discharge was passed. Defendants further contended that the plaintiff was found to be unbecoming of a Policeman due to his conduct and his probation was extended and thereafter he was discharged from service on probation. It was further contended that the said order of discharge was not based on certain complaints but an order of discharge was a simpliciter and not result of the inquiry.