P V SHARMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr.Anand L. Sharma, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondents. On the facts and in the circumstances of the case, and with the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided, today.

(2.) This petition has been preferred under Article 226 of the Constitution of India, with a prayer to restrain the respondents from proceeding with the Departmental Inquiry initiated against the petitioner, as a criminal case has also been filed against him for the same incident that has given rise to the Departmental inquiry.

(3.) Briefly stated, the facts of the case are that, the petitioner is serving as a Subedar Company Commander in the Border Wing Home Guards, in the office of the Battalion Commander. At present, the petitioner has been placed under suspension, with effect from 15.12.2008, in connection with a case involving prohibition offences under Section 66(1)(B) and Section 85(1)(3) of the Bombay Prohibition Act,1949. An F.I.R. dated 23.9.2008 has been registered against the petitioner at City Police Station, Vadodara. The allegation against the petitioner is that, he was found under the influence of alcohol near Hathikhana area, in Vadodara city. A chargesheet in connection with the aforesaid F.I.R. came to be filed before the competent Court on 18.11.2008 and a criminal case against the petitioner is pending. It is stated that the actual hearing of the case has not yet begun. In connection with the same incident, a chargesheet dated 8.6.2010, has been issued to the petitioner by respondent No.1, for initiating a Departmental inquiry on the allegation that on 23.9.2008, at 14:20 hours, the petitioner was found in a drunken condition in Hathikhana area, of Vadodara city. Respondent No.1 has appointed the Special Officer for Departmental Inquiries (respondent No.2) as the Inquiry Officer, by memorandum dated 4.11.2010. Respondent No.2 has kept the Departmental inquiry for examination of witnesses, on 22.12.2010, as per Note of proceedings dated 7.12.2010.