GHASURA MOHAMMED RAFIQ REHMATKHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Admit. Learned AGP Ms. Sheth waives service for the respondents.

(2.) Heard learned counsel Shri Raval for the appellant.

(3.) The appellant " Ghasura Mohammed Rafiq Rahmatkhan was appointed on the post of Armed Police Constable alongwith 35 other persons purely on temporary basis. It is clearly stated in the appointment order dated 6th January, 1990 (Annexure 'C') that appointment of those shall be deemed to be cancelled, who shall not resume their duties, within the time limit. Initially, he joined the service on 16th January, 1990 and within a short period of 9 days only, he submitted an application for leave for one day on 25th January, 1990 and thereafter, did not turn up and sent an application by post alongwith the medical certificate and applied for 20 days' leave. As per his own request, he was required to remain present on 14th February, 1990 but he could not resume on that day. Therefore, notice/order dated 22nd February, 1990 (Annexure 'D') was issued to him wherein it is stated that his services were purely temporary and no more required and, therefore, terminated after 7 days of the receipt of the same. However, on his application dated 1st March, 1990 (Annexure 'E'), the authority, by an order dated 9th March, 1990 (Annexure 'F'), permitted him to continue to remain in service. Accordingly, he resumed the duty on 17th March, 1990 but once again within a period of one week i.e. on 25th March, 1990, without informing any higher officer or without getting his leave sanctioned, he left the job. Therefore, his services were once again terminated from the date of receipt of the order dated 6th April, 1990 (Annexure 'G'). Thereupon, he once again made an application dated 8th April, 1990 (Annexure 'H') to the authority to reconsider its decision but this time, the authority, by its order dated 10th May, 1990 (Annexure 'I'), informed that his applications dated 8th April, 1990, 19th April, 1990 and 1st May, 1990 for reinstatement in service have been filed as now nothing can be done. Thereafter, he approached the D.G.P. by his letter dated 16th July, 1990 (Annexure 'J') but he was informed by the D.S.P., Banaskantha at Palanpur that his application was rejected by the D.G.P. His another application dated 29th October, 1990 was also rejected in the same manner by the D.G.P. which was informed on 14th February, 1991 (Annexure 'L').