STATE OF GUJARAT Vs. RAGHUBHAI JASKARAN GADHVI

JUDGEMENT

(1.) THE State and its authorities are in appeal under Clause 15 of the Letters Patent against the judgment dated 20.8.2014 rendered by learned Single Judge in the petition preferred by the respondent under Article 226 of the Constitution of India whereby learned Single Judge has quashed and set aside the order of dismissal from service and has further directed reinstatement with all consequential benefits and has also remanded the matter to the Disciplinary Authority for punishment in light of the observations made in the judgment.

(2.) IT is the case of the respondent that he was appointed as Police Sub Inspector on 2.11.1981 and had discharged his duties diligently for more than 22 years. During this period, he earned dozens of awards and certificates of appreciation. However, by order dated 19.2.2004, he was dismissed from service only on the ground of alleged negligence shown by him in the investigation of one criminal complaint for offence under Section 354 of the Indian Penal Code registered on 12.9.1993. It is his further case that the said FIR was lodged by one Niruben against one Bhalabhai Punjabhai Chavda which was registered by Head Constable who sent the complainant to the nearest Government hospital with police yadi on 12.9.1993 for medical examination. Thereafter, the investigation was handed over to the petitioner. The complainant in her further statement dated 13.9.1993 changed her version and alleged commission of rape by accused Bhalabhai. The petitioner, therefore, thought it fit to obtain medical opinion before adding the offence under Section 376 and for this purpose, he sent police yadi to the Medical Officer on 14.9.1993, 16.9.1993, 19.9.1993, 20.9.1993 and 25.9.1993 but the Medical Officer did not issue any medical certificate disclosing the offence of rape. However, when the petitioner was required to proceed on leave from 3.10.1993 to 22.10.1993 because of serious illness and subsequent death of the wife of his younger brother, the Deputy Superintendent of Police took over the investigation and recorded one more statement of the complainant on 20.10.1993, wherein she stated that she was raped by three persons. Thereupon Section 376 of the Indian Penal Code was added. Ultimately, the charge -sheet was filed against the accused under Sections 376, 323 and 506 of the Indian Penal Code. One Dr. Dinesh Manubhai Patel was also charge - sheeted for the offence under Sections 217, 218, 201 and 34 of the Indian Penal Code. It is further case of the petitioner that the learned Sessions Judge convicted the accused Bhalabhai for the offences under Sections 354 and 323 of the Indian Penal Code and acquitted him for the offence under Section 376 of the Indian Penal Code. Dr. Dinesh Patel -the accused No.2 was acquitted of the offences alleged against him.

(3.) THE petitioner has further averred that during the criminal proceedings pending before the Court, departmental inquiry was initiated by issuing the charge -sheet dated 31.8.1995 and on conclusion of the inquiry, the petitioner was issued second show cause notice dated 22.1.2001 proposing one of the minor punishments as provided under Rule 3(2) of the Bombay Police (Punishment and Appeal) Rules, 1956, i.e. stoppage of one increment with future effect. The petitioner denied the allegations and requested to completely exonerate him. On such reply, no action was taken but after a period of about two years, the respondent No.4 issued another second show cause notice dated 28.11.2003 stating that the earlier show cause notice was withdrawn and the punishment of dismissal was proposed against the petitioner under Rule 3(2) of the Rules. The petitioner had challenged such second show cause notice by filing the petition before this Court. However, it was withdrawn and thereafter, dismissal order came to be passed against the petitioner. The appeal and the revision preferred by the petitioner were also rejected.