GHANSHYAM R SHARMA Vs. COMMANDANT

JUDGEMENT

(1.) This Special Civil Application has been filed under Article 226 of the Constitution of India challenging the impugned order of dismissal dated 5.8.1993 by which on conclusion of the departmental enquiry the petitioner came to be dismissed from service.

(2.) The petitioner was appointed as a Police Constable in the State Reserve Police in the year 1983. Departmental enquiry was initiated against him and he was chargesheeted by chargesheet dated 23rd January 1991 by the Commandant, SRP, Group No.13, Rajkot and the charge against the petitioner was that in order to avoid going on duty to Ahmedabad the petitioner went on sick leave from 3.4.1990 and produced false medical certificate. That the Commandant, SRP No. 10, Ukai, held departmental enquiry and after giving reasonable opportunity found the petitioner guilty and submitted his report. Thereafter the Commandant issued a show cause notice dated 14.7.1993 calling upon the petitioner to show cause as to why he should not be dismissed from service. It is the case on behalf of the petitioner that the petitioner submitted his reply to the aforesaid show cause notice and after considering the reply the Commandant dismissed the petitioner from service by order dated 5.8.1993. Being aggrieved and dissatisfied with the impugned order of dismissal dated 5.8.1993 the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.

(3.) Shri Supehia, learned advocate appearing on behalf of the petitioner has assailed the impugned order by making following submissions;