JITENDRASINH K GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner under Article 226 of the Constitution of India has challenged the order dated 31/12/1990 dismissing the petitioner from services on the ground of defiance and disobeying the order of his superiors for performing internal securities at Bihar on 15/4/1989, on the ground that the impugned order is suffering from patent illegality and the same could not have been passed.

(2.) BRIEF facts deserves to be set out in order to appreciate the controversy as under.

(3.) THE petitioner was appointed as Police Constable in State Reserve Police Force in the year 1981. The petitioner was required to proceed to Bihar for discharging his duties in respect of internal securities in Bihar. The petitioner was informed by his superiors on 14/4/1989 that he and others will have to proceed for discharging their duties in Bihar as their terms of attachment had been over. The said orders were repeated in the morning parade of 7. 00 'o' clock and the Rear Commander had ordered them to report at 11. 30 'o' clock. As per the case of the petitioner, he could not remain present as he was admitted in New Civil Hospital, Surat, on account of abdominal pain on 15/4/1989 and was discharged on 17/4/1989. The certificate to that effect issued by Civil Surgeon which was also sent to the authority concerned. The petitioner's leave for the period was also regularised. However the regularisation was subsequent to the charge sheet and petitioner was issued charge sheet on 4/6/1989. Petitioner reported for duty in Bihar on 15/6/1989. As per the charge sheet dated 4/6/1989 authority levelled charge against the petitioner that the petitioner had acted as unbecoming a member of the Armed Force in disobeying and defying the legitimate order of his superior in proceeding to performing his duties in Bihar as he was required to attend the duty for internal securities in the State of Bihar. The petitioner had been ordered to remain present for marching to Bihar earlier, i. e. 14/4/1989 and again on 15/4/1989 in the morning parade also it was repeated that he was to be in readiness for marching to Bihar for performing duties in Bihar. The petitioner was spotted roaming around village Vav, where from petitioner was to proceed for Bihar, in plain clothes. This fact was reported to Rear Commander who sent a constable to fetch the petitioner. The petitioner came and again he was ordered by Rear Commander to get ready within 15 minutes for marching to Bihar for performing his duty known for internal securities in Bihar. The petitioner defied said order and said that he was not going to Bihar and left from the place. The inquiry was conducted by the very authority, and on finding him guilty, imposed punishment of dismissal vide its order dated 31/12/1990 which is impugned in this petition.