F D RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mrs.Sangeeta Pahwa appearing on behalf of the petitioner and learned AGP Mr.Mengade for the respondents.

(2.) In the present petition, the petitioner has challenged the order passed by the respondent No.2 which is at Annexure-H dated 1 9/03/1990 and also the order dated 15/09/1990 - Annexure-I passed by the respondent No.1, so also, the order dated 24th January, 1991 - Annexure-J to the petition. Initially, this Court has issued Notice, returnable on 16th February, 1991 and meanwhile, operation of the impugned order - Annexure-J is stayed by this Court by order dated 7/02/1991. Thereafter, the matter adjourned on various occasions for one or the other reasons and ultimately, Rule has been issued by this Court on 20th April, 1991 returnable on 17/06/1991 and in the mean time, interim relief granted in terms of Para-40[C], which is prayed for in the following terms :

(3.) At this stage, it is pertinent to note that the respondent authority has amended the order of punishment dated 1 9/03/1990 by order dated 24th January, 1991 which is at Annexure-J whereby the petitioner was reverted from the post of PSI to Head Constable in maximum pay scale of Head Constable Post for the period of two years and accordingly, the petitioner was reverted from the post of PSI to First Grade Head Constable for a period of two years. The respondent authority has thereafter deleted the word "maximum scale" in the salary of Head Constable and word "simple reversion" has been ordered to be incorporated. It requires to be noted that the said order - Annexure-J is also challenged by the petitioner in para-40[CC] which is as prayed for as under :