SOLANKI LAXMANSING KESARISING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) When an acquittal would operate as an absolute bar to the departmental proceedings ? Whether departmental inquiry could be barred on further evidence, which did not have before the Criminal Court, though the prosecution had such an opportunity to lead such evidence, at that time ? These are some of the important questions which have come up for adjudication in this appeal. A few material relevant facts giving birth to the present appeal, may firstly be, shortly, enumerated to appreciate the main questions in focus.

(2.) The appellant is the unsuccessful, original plaintiff, who initiated legal proceedings against the respondents-employer, original defendants, by filing Regular Civil Suit No. 153 of 1975.

(3.) The plaintiff filed a suit for setting aside the order of dismissal and for reinstatement in service with full pay. He came to be dismissed from the service by virtue of an order passed by the District Superintendent of Police, at Mehsana, on 30-4-1973. The plaintiff's contention is that the dismissal order is illegal and against the principles of natural justice and is tainted with mala fides. The circumstances leading to the dismissal of the plaintiff may briefly, be highlighted. The plaintiff was serving as a Police Constable, at Mehsana, and original defendant No. 2 was working as D.S.P., in Mehsaua district. On 12-4-1971, a criminal complaint, being No, 1540 of 1971 was filed against the plaintiff for the offences punishable under Secs. 66(l)(b) and 85(l)(iii) of the Bombay Prohibition Act, 1949, in the Court of Judicial Magistrate, First Class. at Vijapur.