BAHADURSING GHANDUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, Ex. U.P.C. B. No. 3072 of Special Branch in the office of the Commissioner of Police, Ahmedabad city, filed this petition before this Court and challenge has been made to the order of the disciplinary authority under which he was ordered to be removed from services and the orders of the appellate authority and the revisional authority under which the aforesaid order has been confirmed.

(2.) The petitioner was served with a charge-sheet and one of the charge was that he was found to be in possession of the stolen property. After holding a departmental inquiry on the charges, a show-cause notice was given to the petitioner. The disciplinary authority under its order dated 23rd February, 1976 has given him the penalty of removal from the services. The matter was taken up by the petitioner in appeal to the appellate authority and the same came to be dismissed on 10-12-1977. The matter was then taken up by the petitioner in revision before the Government, but that too has been dismissed on 30th March, 1983. Hence this Special Civil Application.

(3.) The learned Counsel for the petitioner contended that in respect of the charge that the petitioner was found in possession of the stolen property, he was prosecuted in a criminal case in the Court of Metropolitan Magistrate No. 2, Ahmedabad along with one Ashok alias Munna son of Shivshanker. The Metropolitan Magistrate No. 2, under its judgment dated 17th October, 1973 convicted the accused No. 2, Ashok alias Munna son of Shivashanker under S.379, I.P.C. The petitioner was acquitted for the charge framed under S.411 of I.P.C. against him on 25th June, 1974. When the petitioner has been acquitted of the charge under S.411 of I.P.C. by the criminal Court then on the same charge, no departmental inquiry could have been held against him. Further contention has been made by the learned Counsel for the petitioner challenging the other charges framed against the petitioner, and the petitioner was found guilty of the same.