LAWS(GJH)-1962-6-2

GOVERNMENT OF GUJARAT Vs. HEAD CONSTABLE DHARMAJI FATAJI

Decided On June 24, 1962
GOVERNMENT OF GUJARAT Appellant
V/S
Head Constable Dharmaji Fataji Respondents

JUDGEMENT

(1.) This Appeal is arising out of the judgment and decree passed by the learned City Civil Judge in Civil Suit No. 4248 of 1984 whereby the plaintiffs Suit is decreed in his favour and it is declared that the show-cause notice of removal from service issued by defendant No. 2-D.S.P. Palanpur at Exhibit 43 is illegal and unconstitutional and a nullity and all other subsequent orders if any issued in pursuance to that notice are also declared to be illegal and void and the plaintiff is declared to be deemed to be in service as if no such order in pursuance to the show-cause notice issued by defendant No.-2 D.S.P. Palanpur was ever passed and the defendants were further permanently restrained from taking any step in pursuance to the show cause notice Exh. 43 issued by the defendant No. 2 Palanpur.

(2.) (However) At the time of hearing of the suit on three points the show- cause notice issued by the defendant No. 2 was challenged. They are as under:

(3.) Before I advert to the submissions made by Mr. Pandya learned A.G.P. challenging the aforesaid judgment and decree passed by the learned City Civil Judge few important facts are required to be stated which are as under: