JAGDISHBHAI GALJIBHAI BODAR Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for quashing and setting aside the order dated 08.02.2008 by which the respondent no.1 has terminated petitioner from service as also order dated 05.06.2008 & 01.10.2009 by which respondent no.2 rejected the representations of the petitioner and to direct the respondents to reinstate the petitioner on his original post with continuity of service along with all consequential benefits.

(2.) The case of the petitioner is that the petitioner was appointed as Armed Police Constable on compassionate ground on 16.12.2004. In the year 2006 the petitioner remained absent on one occasion for 2 days and in the year 2007 the petitioner remained absent on 6 different occasions for different period. The petitioner was granted leave without pay for the aforesaid period. On 08.02.2008 the respondent no.1 terminated the services of the petitioner on the ground of alleged unauthorized leave and also making allegation of negligence and insubordination. On 13.12.2008 the petitioner made representation to the respondent no.2 to reconsider the decision of terminating the services of the petitioner. The respondent no. 2 informed the petitioner that the decision of terminating the service of the petitioner was proper and he cannot be reinstated. Petitioner made another representation to the Home Minister in August 2008. The respondent no.2 again vide order dated 01.10.2009 informed the petitioner that there was no scope for reconsideration and he cannot be reinstated. Hence, the petitioner has preferred this petition.

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