SHANTABEN S. DAVE Vs. POLICE COMMISSIONER

JUDGEMENT

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(2.) The petitioner in this petition has challenged the order of dismissal dated 16 -12 -1993 passed by the Police Commissioner, Ahmedabad City, on account of petitioner's conviction recorded by Learned Special Judge in Special Case No. 12 of 1993 dated 30 -7 -1993 for offences under the Corruption Act, ordering sentence of 2 years R.I. and fine of Rs. 500 -00 and in default thereof imprisonment of 2 months. The petitioner was recruited as Woman Police Constable on 13 -3 -1965. Petitioner states that, thereafter she came to be promoted as Woman Head Constable w.e.f. 26 -3 -1982. Petitioner submits that thereafter she came to be promoted as 1st Grade Head Constable in the year 1983. The petitioner was further promoted as Woman Police Sub -Inspector on 26 -1 -1991 and she was ordered to report as Woman, PSI in Special Branch Office in the Police Commissioner's Office at Ahmedabad. Petitioner further states that, thereafter on the opening of New Mahila Police Station, Old Karanj Bhavan, she came to be posted as Woman PSI w.e.f. 8 -8 -1991. The petitioner has stated that when she was serving as Woman PSI a case under the provisions of Prevention of Corruption Act came to be lodged against her and others by ACB being C.R. No: 16/92, Ahmedabad alleging that the petitioner had accepted an amount of Rs. 500 -00 as bribe. Said case came to be registered on or about 10 -9 -1992. On such a case being registered against the petitioner she came to be placed under suspension by Dy. Police Commissioner, Ahmedabad City, vide order dated 17 -10 -1992. The petitioner further states that Commissioner of Police was pleased to grant sanction to prosecute the petitioner vide his order dated 25 -1 -1993. The ACB thereafter had filed charge -sheet in the Court of Learned Special Judge, Ahmedabad on or about 22 -4 -1993 and she was tried for the offence under the Corruption Act. Learned Special Judge was pleased to record conviction under his order dated 30 -7 -1993 in Special Case No. 12/1993 and awarded sentence of 2 years R.I. and fine of Rs. 500 -00, and in default imprisonment for further 2 months. The petitioner has stated that, her appeal against the judgment & order of conviction passed by learned Special Judge, in Special Case No.12/1993 is preferred before the High Court and the High Court has been pleased to admit the appeal and she has been granted bail in the said appeal. The petitioner has further stated that during pendency of the said appeal the respondent no. 1 was pleased to pass an order dated 16 -12 -1993 dismissing the petitioner from service without affording opportunity of hearing to the petitioner. Being aggrieved and dissatisfied with the said order of dismissal passed by respondent no.1 on 16 -12 -1993 at Annexure -A present petition is preferred by the petitioner.

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