LAWS(GJH)-2007-3-318

BHOLANATH KALICHARAN CHAUBE Vs. DISTRICT SUPDT OF POLICE

Decided On March 21, 2007
BHOLANATH KALICHARAN CHAUBE Appellant
V/S
DISTRICT SUPDT OF POLICE Respondents

JUDGEMENT

(1.) RULE . Learned AGP Ms. Reeta Chandarana waives service of notice of rule on behalf of respondents.

(2.) IN this appeal, the appellant original petitioner has challenged a judgement and order dated 12th January, 2007 passed by the Learned Single Judge of this Court in Special Civil Application No.5747/1990.

(3.) SHORT facts leading to the appeal are that the appellant original petitioner was serving as an Unarmed Head Constable. On account of certain alleged misconduct, a departmental inquiry was conducted against him. Ultimately, the Disciplinary Authority imposed a punishment of compulsory retiring the appellant petitioner by an order dated 16th September, 1978. The appellant challenged the said order of penalty by filing a regular Civil Suit No.154/1978. It appears that initially the Civil Court had stayed implementation of the order of compulsory retirement. Eventually, however, the said Civil Suit came to be dismissed by the Civil Court by a judgement dated 29th August, 1983. The appeal preferred by the appellant against the said decision also came to be dismissed on 30th October, 1985.