SHANKERLAL KANAIYALAL NARWELE Vs. DIVISIONAL SECURITY COMMISSIONER

JUDGEMENT

(1.) This LPA has been preferred against the order of the learned Single Judge dated 10.1.2000 whereby SCA No. 447 of 1990 filed by the appellant against the order dated 4.7.1988 dismissing him from service as a constable of railway protection force has been dismissed.

(2.) The impugned order of dismissal dated 4.7.1988 states the grounds on which services of the petitioner were dismissed. It is stated, while working as constable at Pratapnagar, he failed to maintain absolute integrity and code of conduct, in that, he aided and abetted in the commission of offence of theft of railway material valued at Rs.14,438.00 from railway store, Pratapnagar on the night of 20/21-6-1988 as reported vide IPF Pratapnagar's special report No.2/88. In the said report, it has been stated that on search the stolen property was brought back by him from the receiver's shop and handed over to head constable Anil Damore of Pratapnagar at about 0430 hrs. on 24.6.1988. The impugned order states that the petitioner had admitted that he went back to the receiver's shop where he had kept his cycle.

(3.) It is further stated in the impugned order that the petitioner subsequently gave a confessional statement on 29.6.1988 in the presence of Assistant Security Commissioner, Baroda, another inspector, HQ Baroda and inspector `R' Coy, Baroda. It is alleged that he confessed the fact of having gone to the shop of the receiver of the stolen property and after bringing it back handing over the same to the head constable Anil Damore and thereafter leaving the place for his residence after taking his cycle from the receiver's shop. On personal interrogation on 30.6.1988, the petitioner is alleged to have admitted his guilt.