RATUBHA JILUBHA Vs. DY COMMISSIONER OF POLICE

JUDGEMENT

(1.) Heard Mr. I.S. Supehia, learned counsel for the petitioner and Ms. D.S. Pandit, learned AGP for the respondent.

(2.) The petitioner is serving as Unarmed Police Constable in the city of Ahmedabad under the respondent. The petitioner was convicted for an offence under section 498-A of the I.P. Code in Criminal Case No. 123 of 1987 by the learned Addl. Sessions Judge, Ahmedabad vide the judgment dated 30-6-1989 and was sentenced to undergo R.I. for one year and a find of Rs.1000-00, in default thereof to suffer imprisonment for 2 months. The petitioner as it appears from the record has preferred Criminal Appeal No. 407 of 1989, which according to the petitioner has been admitted and is pending for final disposal. The petitioner has been released on bail.

(3.) The petitioner has further stated in his petition that the successor to the Dy. Police Commissioner, North Zone, issued an order on 3-1-1994 revoking her predecessor's order dated 22-5-1990, whereunder the proposed penalty of dismissal was suspended and the petitioner was ordered to be heard afresh on the earlier show cause notice. A memo came to be issued to the petitioner on 3-1-1994 requiring him to attend the office on 7-1-1994 for personal hearing in respect of the earlier show cause notice dated 17-3-1990.The petitioner had requested for adjournment which was granted to the petitioner.