V D BAROT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) V.D. Barot-petitioner herein has filed this petition for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, direction or order, quashing and setting aside the impugned order of discharge dated 13.1.1990 passed by the Special Additional Police Officer, Rajkot discharging the petitioner from service. The petitioner further prayed that this Court may direct the respondent State of Gujarat through the Secretary, Home Department and direct the Director General of Police Gujarat State to reinstate the petitioner with all consequently benefits and back wages. He further prayed that this Court may also quash and set aside the order dated 1.10.1999 passed by the Special Police Officer, Rajkot rejecting the representation of the petitioner. The petitioner further prayed that this Court may also direct the respondents to treat the petitioner as having been confirmed in service on 14.6.1998 when his probation period was wrongly extended for six months or in any view of the matter, after the expiry of the said period on 6.1.1999 and the respondents may be directed to give all benefits and deemed date on the said basis.

(2.) This petition was filed somewhere on 19.10.1999 and when the matter was placed for hearing before this Court issued Rule on 18.2.2000 making it returnable on 1.2.2001 and also directed to be heard peremptorily in this behalf.

(3.) The facts giving rise to this petition are as under: 3.1 The Gujarat Public Service Commission selected the petitioner on 4.12.1991 for the post of PSI on 4.12.1995 and permitted to undergo the training of Police Sub-Inspector at Junagadh starting from 9.12.1995. From 11.12.1995 to 14.12.1996 the petitioner underwent the training for the post of Police Sub-Inspector, and passed the final examination. 3.2 It has been stated in the petition that an incident alleged to have been taken place on 9.11.1996 at village Bhandu in Mehsana District in which the petitioner is named as one of the eight accused. As the petitioner was apprehending his termination from service he filed SCA No. 10062 of 1996 before this Court praying to restrain the respondent No. 2 herein from terminating his service without hearing him. 3.3 When that matter was placed for hearing before this Court on 3.9.1997 this Court (R.M. Doshit-J) dismissed the petition on the ground that the same has been filed on apprehension. 3.4 The petitioner was appointed as PSI on completion of his theoretical training and sent for practical training for 18 months under the District Superintendent of Police, Surendranagar. The petitioner reported for training at Surendranagar on 16.12.1996. The Special Inspector General of Police, Rajkot Range, Rajkot by his order dated 16.7.1998 extended the probation period upto 6.1.1999. 3.5 The Special IGP, Rajkot respondent No. 3 passed an order dated 13.1.1999 by which the petitioner has been discharged from service on the ground that he did not appear to be a fit person to be continued as PSI. 3.6 Being aggrieved by the aforesaid order the petitioner filed SCA No. 897 of 1999 before this Court challenging the aforesaid order discharging him from service as illegal, arbitrary and violative of his fundamental rights. 3.7 It may be noted that the Addl. Sessions Judge, Mehsana by his judgment and order dated 25.8.1999 in Sessions Case No. 194 of 1997 along with Sessions Case No. 303 of 1998 acquitted the petitioner. It was submitted by the learned advocate for the petitioner that said acquittal was absolutely clean acquittal and it was not a technical acquittal.