A V BENGALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition, petitioner has challenged the order dated 29.08.1998 passed by respondent No.2 as well as order dated 02.01.2001 passed by the respondent No.1, by which, the petitioner was prematurely retired from service. Petitioner has also prayed that respondents be directed to reinstate the petitioner in service and to give all consequential benefits.

(2.) Heard Learned Advocate Mr.Shirish Joshi For The petitioner and learned AGP Mr.Udit Mehta for the respondents.

(3.) Learned advocate Mr.Joshi appearing for the petitioner submitted that petitioner was borne on 10.11.1943 and therefore, he has completed 58 years of age on 10.11.2001. Petitioner was appointed as Junior Clerk in the Police Department on 03.08.1966. Thereafter he was promoted as Senior Clerk in the year 1979 and in the year 1990, he was further promoted to the post of Head Clerk. As per the submission of learned advocate Mr.Joshi, the service record of the petitioner during the period of 32 years is unblemished and there was no complaint against the petitioner. However, one FIR came to be registered against the petitioner for the offenses punishable under Prevention of Corruption Act. In the said FIR, one Mr.Prajapati was also shown as a coaccused. The petitioner was not present in the office at the time of raid and there was no case of demand of any bribe or acceptance or recovery of the amount of bribe from the petitioner. The said case was pending before the concerned Sessions Court.