R S CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for following relief/s:

(2.) The short facts of the case are that the petitioner was serving as an unarmed Police Constable. A chargesheet dated 20.09.1995 containing two charges was served upon him for holding a departmental inquiry against the petitioner. The Inquiry Officer held both the charges proved but the disciplinary authority held that only one charge was proved. The petitioner was removed from service by order dated 17.11.1997 against which, he preferred appeal and revision which came to be dismissed. The subsistence allowance paid to the petitioner was stopped from 01.01.1996 by the order dated 16.01.1996. Hence this petition.

(3.) Learned advocate appearing for the petitioner contended that stoppage of subsistence allowance deprived him to appear before the departmental inquiry as a result of which he could not defend himself. He submitted that the departmental inquiry which was conducted ex-parte is vitiated in view of the decision of the Hon'ble Apex Court in the case of Ghanshyam as Shrivastava V/s. State of M.P, 1973 AIR(SC) 1183 and in the case of Jagdamba Prashad Shukla V/s. State of U.P and others, 2000 AIR(SCW) 3047 He further placed reliance on unreported decision of this Court rendered on 27.03.2003 in Special Civil Application No. 5284 of 2002.