SAHDEVSINH J GOHIL Vs. R C DIMRI

JUDGEMENT

(1.) Since the common issue is involved in all these three petitions, the same are being disposed of by this common judgment.

(2.) What is challenged in these petitions is the order of dismissal passed by the respondent No.1 herein on 24/07/1988 with immediate effect. While passing this dismissal order, the respondent No.1 has dispensed with the inquiry in the purported exercise of the powers under sub-clause (b) of second proviso to clause (2) of Article 311 of the Constitution of India and the respondent No.1 has also given reasons for dispensing with such inquiry.

(3.) The brief facts, giving rise to the present petitions are that the petitioners are Unarmed Police Constables serving in Bhavnagar District Police Force, Bhavnagar. The charge levelled against the petitioners was that in 1987 they had indulged in promoting and inciting agitational activities in the police force of Gujarat State. On 3-4-1987 between 20.00 to 20.30 hours the petitioners and their other associates organised meeting in Police Headquarters, Bhavnagar and addressed them regarding the incident of police firing in Sandhiawad, Bhavnagar on 31-3-87 and induced them to accept the decision of the association if any action was taken against the policemen. A telegram was also sent to the DSP, Bhavnagar giving ultimatum that if any action was taken by the Government against the police the police association will take 'hard action'. The authorities have therefore considered this action of the petitioners as an inducement to policemen to cause disaffection against the Government established by law and also instigated them to withhold their services and also to commit breach of discipline and thereby they have violated the provisions of Section 3 of Police (Incitement to Disaffection) Act, 1922.