BHOLANATH KALICHARAN CHAUBE Vs. DISTRICT SUPDT OF POLICE

JUDGEMENT

(1.) By filing this petition, the petitioner has prayed for appropriate direction to quash and set aside the impugned order of suspension dated 11-7-1980 and to direct the respondents to take the petitioner back in service. Subsequently, by amending the petition, the petitioner has also prayed that an order of compulsory retirement, which is at Annexure-E to the petition dated 27-9-1990 passed by respondent no.1 may be set aside.

(2.) The facts leading to the petition are as under :

(3.) The petitioner, who was serving as an unarmed Head Constable was subjected to departmental inquiry on the ground that while he was on duty one prisoner had ran away from the police custody. By an order dated 16-9-1978, the petitioner was subjected to punishment of compulsory retirement. It seems that an order of compulsory retirement was challenged by the petitioner by filing Regular Civil Suit No.154/1978, however, said suit was dismissed by the Civil Court on 29-8-1983 against which the petitioner preferred an appeal being Regular Civil Appeal No.42/1983. It is pointed out to the Court by both the learned advocates that the said appeal was dismissed on 30-10-1985.