LAXMANGIRI NARANGIRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing and setting aside the impugned order dated 1.1.2009 passed by the respondent authority and treat the period from 4.4.1987 till reinstatement as on duty and grant all consequential benefits in terms of promotion as well as the pay scale.

(2.) The case of the petitioner is that the petitioner was appointed as a Police Constable on 26.2.1972. During the posting at Junagadh district a departmental inquiry was initiated against the petitioner regarding misbehaviour and on the basis of the said charges, a charge-sheet came to be issued against the petitioner on 26.11.1981 and, thereafter, the petitioner was transferred to Ranavav Police Station. While serving there a preliminary inquiry was conducted against the petitioner for misbehaviour followed by a departmental inquiry. Thereafter, on the basis of the said allegation a charge-sheet came to be filed against the petitioner on 8.3.1983. In view of the charge-sheet the petitioner was suspended from service vide order dated 2.9.1983. Against the order of suspension the petitioner filed Civil Suit no. 63/1983 before the Court of Civil Judge (S.D.), Porbandar. The said suit was allowed by quashing and setting aside the order of suspension vide order dated 9.9.1983. In the meantime the departmental inquiry initiated at the Gir Gadhadha police station, Junagadh was completed and charges levelled against the petitioner were proved and on the basis of the departmental inquiry the petitioner was dismissed from service vide order dated 12.9.1983. Against the order of dismissal the petitioner preferred Civil Suit No. 196/1983 before the Civil Judge (S.D.) , Porbandar, and order of reinstatement dated 31.7.1984 was passed by the Civil Judge. Thereafter petitioner was reinstated in service vide office order dated 14.12.1984. 2.(A). Thereafter, in connection with a departmental inquiry vide order dated 28.5.1985, it was ordered to reduce the petitioner's monthly pay from Rs. 250/- to Rs. 200/- for a period of 2 years and on 21.1.1987 a show cause notice was served to the petitioner for removal from the service. The petitioner gave reply to the said show cause notice. Thereafter vide order dated 4.4.1987 the petitioner was dismissed from service. Against the dismissal order the petitioner preferred a suit bearing RCS No. 24/1987 before the Civil Court (S.D.) Porbandar, and vide order dated 16.2.1989 the said suit was dismissed. Thereafter petitioner preferred RCA 12/1989 before the Additional Assistant Judge, Porbandar against the order dated 16.2.1989 and the said appeal was also dismissed vide order dated 27.12.1990. Against the said order dated 27.12.1990 the petitioner had approached this Court by way of filing Second Appeal No. 149/1991, and this Court by order dated 27.12.2006 quashed and set aside the dismissal order. Against the said order the respondent Authority preferred SLP No.16824/2007 before the Supreme Court and after hearing both the parties the Apex Supreme Court passed an order on 19.11.2008 whereby the matter was remanded to the respondent authority and directed to award some minor punishment to the petitioner by quashing the order passed by this Court. Thereafter vide order dated 1.1.2009 one increment of the petitioner was stayed and also considered the period from 4.4.1987 to the said order as dismissal.

(3.) I have heard learned counsels for both the parties and perused the relevant papers.