LAWS(GJH)-2003-4-15

PRUTHVISINH S RAIJADA Vs. STATE OF GUJARAT

Decided On April 24, 2003
PRUTHVISINH S.RAIJADA Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) The appellant-petitioner was appointed as Armed Constable by an order dated 14.3.1984, at the salary of Rs.843/- per month. Within a period of nine months of his service as a temporary servant, he was served with a show cause notice dated 11.12.1986, issued by the Commandant of S.R.P.-respondent No.2, calling upon him to show cause as to why his services should not be terminated for not remaining present in service from 15.4.1986 to 19.4.1986 for five days, from 21.4.1986 to 28.4.1986 for eight days, from 5.5.1986 to 6.5.1986 for two days, and from 2.6.1986 onwards without obtaining permission and leaving the Head Quarter. Apart from this not remaining present on duty without permission, about 12 instances of this nature were also there.

(2.) The appellant-petitioner replied to the show cause notice by his reply at Annexure-B to the petition, wherein he stated that, because of their family disputes regarding the land, he had permanent effect on his mind. Therefore, he was always remaining disturbed. Whenever he got the news of such disputes, he was feeling tense and because of that, on earlier occasion also, he remained absent due to his sickness, for which he feels really ashamed. About the incident of 2.6.1986 of leaving the Head Quarter without the permission of anyone, he has tried to offer the explanation that, when he had gone to the Dispensary, the Medical Officer was not present, therefore, he had gone to Civil Hospital and on the advice of the Medical Officer of Civil Hospital, he waited to leave the Head Quarter after obtaining the permission, but he could not get the permission, therefore, he left for his native. In the end, he stated that he was really sorry for his act and assured that in future, he would not commit such mistakes. He also requested that, considering his family circumstances and his condition, he may be excused by giving one more opportunity of improving.

(3.) However, respondent No.2, by his order dated 30.1.1997, terminated his services with effect from 3.1.1987 by giving him one month notice pay (Annexure-C to the main petition). This was challenged by him before this Court by way of Special Civil Application No.5335 of 1987, which was dismissed by the learned Single Judge of this Court (J.N. Bhatt, J.) on 25.2.2000. Hence, this Letters Patent Appeal.