STATE OF GUJARAT Vs. MAHENDRA BABULALABHAI

JUDGEMENT

(1.) BY way of this appeal, the appellants has prayed to quash and set aside the impugned order dated 12.03.1998 passed by the learned Extra Assistant Judge, Junagadh in Regular Civil Appeal No. 96 of 1996, whereby the said appeal was dismissed and the order dated 30.04.1996 passed by the learned Civil Judge (SD), Junagadh in Regular Civil Suit No. 64 of 1993 was confirmed.

(2.) THE facts in brief are that the respondent was serving as Police Constable and while he was posted at Prisoners' ward, at that time a raid was carried out by the higher officers wherein it was found that some of the prisoners have consumed liquor. THErefore actions were initiated against the respondent and under the charge of abetment a criminal complaint was lodged and ultimately the respondent was acquitted in the criminal case. However, in the departmental inquiry initiated against the respondent, the charges levelled against him were proved and the respondent was dismissed from the service. Against the said order of dismissal the respondent preferred Regular Civil Suit No. 64 of 1993 before the Court of learned Civil Judge (SD) Junagadh. THE trial Court vide order dated 30.04.1996 partly allowed the said suit and ordered that the respondent may be continued in service and his suspension period may be treated as on duty. THE trial Court also granted 50% back wages. Being aggrieved by the said order, the appellant preferred Regular Civil Appeal No. 96/1996 before the Court of learned Extra Assistant Judge, Junagadh, which came to be rejected vide order dated 12.03.1998. Hence, this appeal.

(3.) IN the result, the appeal is dismissed. No order as to costs.