MAJBOOTSINH GAMBHIRSINH JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) We have heard Mr. Shalin N. Mehta, learned counsel for the appellant and Mr Niraj Pathak, learned AGP for the respondent-State.

(2.) With the consent of the learned counsel for the parties, we have taken this appeal for final disposal. The Appellant was working as Guardsman and was on duty at Guard point No. 4, JIC, Bhuj. On 27.5.2002 one Bangladeshi citizen tried to flee away from the JIC with the help of the petitioner and two other Home Guards for which Bhuj police started necessary inquiries. In the inquiry proceedings the petitioner was found guilty and negligent in carrying out the duties assigned to him. The appellant was dismissed from service by order dated 7.8.2002 from No. 3 Battalion, Border Wing, Homeguard on the ground of carelessness in duty as per section 6B of the Bombay Guards Act, 1947. The appellant filed an appeal which has been dismissed by the Appellate Authority on 4.8.2003. The appellant challenged the dismissal as well as the appellate order by filing Special Civil Application No. 1907 of 2004. One of the grounds taken in the writ petition was that the Appellate Authority has rejected the appeal by unreasoned order. The learned Single Judge, by judgment dated 3.12.2004 dismissed the Special Civil Application. It is this order which has been challenged in this Appeal.

(3.) Apart from other points raised by the learned counsel for the appellant, he has vehemently urged that the Appellate Authority has not at all applied its mind to the facts of the case and has passed a non-speaking order. He has urged that the Appellate Authority was required to deliberate upon the points raised by the appellant in the appeal. The learned counsel has placed reliance on a decision of the Apex Court in Divisional Forest Officer, 2008 AIR(SCW) 1365. In para 19 the Apex Court held as below :