RAMESHCHANDRA JIVANLAL BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the order of compulsory retirement dated 31.05.1991 passed by Director General of Police, Gujarat State, Ahmedabad i.e. respondent No.2 herein. The petitioner has also prayed for reinstatement in service with all back wages and other consequential benefits and by way of an interim relief, the petitioner has prayed for keeping one post of Head Clerk vacant for the petitioner, during the pendency of the petition.

(2.) This petition was admitted on 11.03.1992. However, no interim relief was granted by this Court.

(3.) It is the case of the petitioner that the petitioner joined the Police department in the year 1956 as Junior Clerk. The petitioner was promoted as Senior Clerk in the year 1967 and thereafter, he was promoted as Head Clerk in due course in 1982. During this period, the petitioner had served in different Districts and has discharged his duties most sincerely and satisfactorily. The petitioner was subjected to departmental proceedings in the year 1982 for his mistake in posting incorrect entry in Petrol Book Account. The Inquiry Officer was appointed and he ultimately came to the conclusion that there was no malafide intention at all on the part of the petitioner and no deflaction was made and it was simple mistake of account regarding posting of wrong entry. The petitioner was, however, compulsorily retired by an order dated 05.11.1988 on the said ground.