R P CHAUHAN Vs. DIST SUPDT OF POLICWE

JUDGEMENT

(1.) Earlier this matter was fixed on 24th January, 2003. The matter was argued at length by Mr.Saurabh Mehta, the learned advocate appearing for Mr.Y.N.Oza, the learned Senior Counsel for the petitioner. Mr.Saurabh Mehta has requested the Court to adjourn the matter so as to seek the instruction from his client as to whether the petition is to be withdrawn or not. The matter was adjourned to 31st January, 2003 and on 31st January, 2003 again it was adjourned. The matter is called out twice today, neither the petitioner nor his advocate remained present. The Court is, therefore, of the view that the petitioner is not interested in pursuing the petition. Hence, this petition is dismissed for default. Rule is discharged with no order as to costs. After the above order is dictated and it is transcribed but before it is signed, Mr.Saurabh Mehta the learned advocate appearing for Mr.Y.N.Oza, the learned Senior Counsel for the petitioner submits that the petitioner does not want to withdraw the present petition and hence the same may be decided on merits. He has further submitted that while deciding this petition on merits the following three judgements of this Court may kindly be taken into consideration. 1) Bodu Tarmamad v. District Superintendent of Police, Jamnagar, reported in 1988 (1) GLR page 101 2) Dalabhai Bhimabhai Patel v. Deputy Commissioner of Police, Ahmedabad and another reported in 1991 (1) GLH 597 3) Mushtufakhan Gulabkhan Pathan v. State of Gujarat and another 1994 (1) GCD 798 (Guj) In view of the above request made by Mr.Saurabh Mehta, the petition is now being disposed of on merits.

(2.) The present petition is filed against the order dated 29-10-1985 (Annexure-B) passed by respondent No.2, which was confirmed in Appeal by respondent No.3 vide order dated 7-2-1987 (Annexure-C) and again confirmed by Revisional Authority, i.e. respondent No.4-State of Gujarat by its order dated 19-10-1989 (Annexure-F), seeking prayer for quashing and setting aside the said orders and further seeking directions to the respondents to reinstate the petitioner in service with all consequential benefits with full back wages, as if no order of removal dated 19-10-1989 was ever passed.

(3.) The brief facts giving rise to the present petition, as stated in the petition, are that the petitioner has joined his services as a constable on 6-8-1977 and was promoted to the post of Junior grade Head Constable in November, 1977. In the year 1978-79, when the petitioner was serving at Sarkhej Police Station, some allegations of misconduct were made against him and the petitioner was transferred to a far away place of Saigam Police Station in Banaskantha District on 15-4-1979 and thereafter, a charge sheet was issued to the petitioner on 27-3-1981 by the District Superintendent of Police, Ahmedabad Rural at Gandhinagar. The departmental inquiry was initiated against the petitioner. The charge levelled against the petitioner was that he was staying with one Pushpaben, the wife of Sureshchandra Kantilal residing at Kharakuva Pole, Relief Road, Ahmedabad and having illicit relations with her, which was not befitting to a police personnel. After completion of the inquiry, a show cause notice was issued to the petitioner for removing him from service. The petitioner has replied to the said show cause notice on 19-9-1981 and thereafter the order of punishment dated 20th December, 1983 was passed by the District Superintendent of Police, Banaskantha, whereby the petitioner was reduced in rank from Junior grade Head Constable to the post of Constable for a period of two years. The said order of punishment was served upon the petitioner on 23-12-1983 and since then he was serving on the post of Constable.