STATE OF GUJARAT Vs. BECHAR NANJI MAKWANA

JUDGEMENT

(1.) THE State of Gujarat and the District Superintendent of Police, Junagadh, being aggrieved by Judgement and Decree dated 29th October, 1991 passed by the learned Extra Assistant Judge, Junagadh in Regular Civil Appeal No.121 of 1987, confirming the Judgement and Decree dated 31st December, 1986 passed by the learned 3rd Joint Civil Judge (S.D.), Junagadh in Regular Civil Suit No.474 of 1982 decreeing the suit, have filed this appeal under Section 100 of the Code of Civil Procedure, 1908.

(2.) THE appeal has been admitted for hearing the parties on 16th November, 1992 on the following substantial questions of law:

(3.) THE respondent -plaintiff joined the services in the Police Force on 27th September, 1966 and was confirmed on the said post in due course. On 8th October, 1970, he was served with a charge -sheet levelling the allegation that at the time of recruitment, he had concealed material fact that he had been convicted for commission of the offence under Section 12 of the Gambling Act and was sentenced to pay a fine of Rs.15/ -. In the charge -sheet, it was also observed that in view of the suppression of the material fact, which could have material bearing on the order of recruitment, why he be not removed from the services. Ultimately, in the departmental inquiry, he was held guilty of the suppression of the material fact and was directed to be removed from the services.