SHADKARAN SHEDURAM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since this group of petitions arises out of identical facts and raises common questions of law, I intend to dispose them by this common judgment.

(2.) Petitioner of Special Civil Application No. 683 of 1980 is Head Constable and President of Police Head Constables Union, Headquarters Ahmedabad and has put in about 36 years of service. He is a Harijan by casts and it is his grievance that respondent No. 2, who is the Deputy Commissioner of Police, Shahibag, had a grouse against him since the petitioner had made an application on 25.02.1980 to the Governor with a copy to the Inspector General of Police about the unseemly conduct of respondent No. 2 in abusing him in the morning of 22.02.1980 in his disturbed state of mind due to formation of the Union. He alleges that the higher authorities were biased against all those members of the police staff who were associated with the Union activities. Respondent No. 2, therefore, by his order of 17.03.1980 dismissed the petitioner from service with immediate effect for the conduct attributed to him as detailed in the Appendix to the said order which was unbecoming of a member of the police force without holding disciplinary inquiry prescribed under the Rules purporting to act in exercise of the power conferred on him under cl. (b) of the second proviso to Art. 311(2) of the Constitution of India, since in his opinion for the reasons separately recorded by him in writing, it was not reasonably practicable to hold inquiry as contemplated under Art. 311(2). The petitioner has challenged the said order on various grounds urged in the petition.

(3.) Petitioner of Special Civil Application No. 684 of 1980 is a Police Constable and has put in about 15 years of service. He is an office bearer of the Police Constables Association which has aggrieved the respondent No. 2 who has developed a bias against all the members of the Police Staff associated with the Union activities. Respondent No. 2, who is the Deputy Commissioner of Police, Headquarters Ahmedabad, by his order of 17.03.1980 dismissed the petitioner from the police force of the State of Gujarat with immediate effect for the conduct totally unbecoming of a member of the police force as attributed to the petitioner and detailed in the Appendix to the said order without holding any inquiry since in his opinion for reasons recorded separately by him it was not reasonably practicable to hold inquiry contemplated by Art. 311(2) of the Constitution of India. The petitioner has, therefore, moved this Court for appropriate writs, orders and directions to quash and set aside the said order.