KUMUDBHAI MANGALBHAI TALPADA Vs. SURUBHA JHALAL DSP KAIRA

JUDGEMENT

(1.) The petitioner who was a police constable has challenged the order of his dismissal passed by the District Superintendent of Police; Kaira on 18-7-1975 produced at Annexure-C to the Petition.

(2.) It appears that the first respondent District Superintendent of Police Kaira has dismissed the petitioner from service on the ground that the petitioner was convicted by the Judicial Magistrate First Class Kaira under sec. 145 of the Bombay Police Act 1951 and therefore his conduct cannot be said to be fit to continue him in service. Against the said decision the petitioner filed an appeal before the Dy. Inspector General of Police Gandhinagar who accepted the decision of the District Superintendent of Police 2nd dismissed the appeal. Against the said decision of the Dy. Inspector General of Police the petitioner filed a revision application before the Inspector General of Police who also dismissed the same by his order dated 4-3-1977 on the ground that he had no power to hear the revision. Being aggrieved by the aforesaid decision the petitioner has filed this petition and challenged the order of dismissal on the following grounds:

(3.) The petition shall have to be allowed on the first contention of Mr. Brahmbhatt the learned advocate appearing on behalf of the petitioner because in para 4 of the petition the petitioner has in terms stated that suddenly without any inquiry and without any notice on 20/05/1976 the respondent No. 1 D. S. P. of Kaira district passed an order of dismissal. In reply to this averment the District Superintendent of Police Kaira who filed his affidavit on 2/06/1981 stated in para 4 that if a person is convicted by the Court it is not necessary to give him reasonable opportunity of showing cause against the action proposed to be taken. It therefore necessarily means that the competent authority has not given any show cause notice to the petitioner before passing the extreme penalty of dismissal from service.