STATE OF GUJARAT Vs. DARIYASING TARACHAND JHAT

JUDGEMENT

(1.) The State of Gujarat has challenged the legality and validity of the judgment and order dated July 5, 1994, passed by the learned Extra Assistant Judge, Junagadh, in Civil Misc. Appeal No. 70 of 1994, and confirming the judgment and order of the trial Court whereby implementation of the order of suspension in respect of the respondent-Armed Police Sub-Inspector was stayed till disposal of the suit.

(2.) The respondent, who was discharging his duties as the Armed Police Sub- Inspector under Principal of Police Training College at Junagadh, was placed under suspension with effect from March 7, 1982 on the charge of misappropriation of Rs. 5,800/-. The respondent was assigned the duty of payment of Rs. 500.00 each to 73 trainees, being remuneration for the month of November, 1992 and while disbursing the said sum on December 11, 1992 and December 12, 1992 the respondent-plaintiff illegally paid Rs. 100.00 less to each of the 58 trainees thereby pocketed and misappropriated Rs. 5,800.00. The trainees lodged grievance and complained about such less payment to the higher authorities. On preliminary inquiry and considering the report alongwith the relevant documents, the concerned authority was prima facie satisfied about the misconduct of the respondent and decided to institute disciplinary inquiry against him. In doing so, the plaintiff was placed under suspension as aforesaid.

(3.) The plaintiff, by instituting Civil Suit No. 429 of 1993 in the Court of the Civil Judge (S.D.), Junagadh, challenged his suspension order. He submitted an application, purporting to be under Order 39, Rules 1 and 2 of the Code of Civil Procedure, 1908 praying for stay of the implementation of the impunged suspension order. The learned Civil Judge (S.D.), Junagadh, by his judgment and order dated March 7, 1994, granted the injunction as prayed for and suspensed the implementation of the suspension order till disposal of the suit, holding that several Circulars and guidelines issued by the Government in respect of suspension of the Government employee have not been followed by the concerned authority. The petitioner-State, being aggrieved by the said judgment and order, preferred Civil Misc. Appeal No. 70 of 1994 in the District Court at Junagadh. The learned Extra Assistant Judge, Junagadh, who heard the said appeal, by the impugned order dated July 5, 1994, dismissed the appeal confirming the order of the trial Court as aforesaid. It is against this judgment and order of the Court below that the State has preferred the present Revision Application.