VARSINH BHAGWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal by the original plaintiff under Section 100 of the Code of Civil Procedure against the judgment and decree dated April 30, 1979 passed by the learned District Judge, Junagadh in Regular Civil Appeal No. 474 of 1979 setting aside the judgment and decree dated 20-9-1973 passed by the learned Joint Civil Judge (S.D.), Junagadh in Regular Civil Suit No. 279 of 1971.

(2.) The plaintiff was an Unarmed Constable in the Prohibition Task Force, Junagadh, having Buckle No. 807. The plaintiff proceeded on Casual Leave on December 6, 1969 suffixing Sunday and as such he was required to resume his duty on December 8, 1969. The plaintiff remained absent without any report or permission. The Police Inspector of the Prohibition Task Force, therefore, served a notice dated December 29, 1969 on the plaintiff and called upon him to resume duty within seven days. The plaintiff replied to the said notice on January 11, 1969. However, he did not resume duty. Thereafter, the District Superintendent of Police, Junagadh, issued a notice dated March 10, 1970 calling upon the plaintiff to resume duty within seven days. In response to the said notice, the plaintiff reported for duly on March 19, 1970.

(3.) The District Superintendent of Police, Junagadh, issued a charge-sheet dated May 29,1970 to the plaintiff alleging gross negligence in duty by remaining absent without permission from December 6, 1969 to March 19, 1970. Thereafter necessary departmental inquiries were held and it was found that the charge against the plaintiff was proved. On September 9, 1970, a show- cause notice was issued to the plaintiff to show cause why he should not be dismissed from service. Ultimately, on October 6, 1970, the plaintiff was removed from service.