KANAKSINH J. CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

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(2.) The brief facts leading to the petition are that the petitioner is a member of the unarmed police force of the State of Gujarat and was removed from service on 24th July 1988 without holding any enquiry, by taking recourse to Clause (b) to proviso of Article 311 (2) of the Constitution of India, for his behaviour amounting to grave misconduct. However, the Government, after reviewing the case on humanitarian grounds, reviewed that order and the order of removal was revoked on 1st May 1991. The petitioner was reinstated in service and placed on deputation at the disposal of the Gujarat Forest Development Corporation upto October 1992, with a rider that, if during this period he is found indulging in either directly or indirectly in any activities prejudicial to the discipline of the police force, he will not be taken back in the police department after expiry of the said period. By yet another order dated 11th November 1993, it was directed that the petitioner's services were to continue at the disposal of the Corporation until further orders. On 3/4th December 1993, the Deputy Conservator of Forest issued a notice to the petitioner stating that he should immediately report on duty in pursuance of the order dated 11th November 1993. On 17th December 1993, the petitioner communicated that while the petitioner was on duty on 11th December 1991, he had proceeded on leave as the member of his family was taken ill and therefore, he could not report on duty about which he had informed the superior officers. Thereafter, again a written report was submitted by the petitioner on 19th May 1992. He further requested, in pursuance of the letter dated 4th December 1993 which was received by him on 16th December 1993, that he will report on duty after his wife recovers and till then he should be allowed to avail of sick leave and he further requested not to take any action against him. On 28th December 1993, the petitioner reported on duty with a request to submit a medical certificate later on. After the said incident, on 15th January 1994, the impugned order was made by the Joint Secretary to the Government of Gujarat, removing the petitioner from service on the ground that the petitioner has not performed his duties in the Corporation except for 23 days and has remained absent from duty with effect from 23rd September 1991 until the date of passing of the order and such type of long period of unauthorised absence from duty was held against the discipline of police force on the part of the petitioner, which amounted to breach of condition No. 5 of the order.

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