MOHANSINH MANSINH Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) BY way of this petition under Article 226 of the Constitution of India, the petitioner who was at the relevant time serving as 'Unarmed Head Constable' at Godhra Taluka Police Station, has prayed for an appropriate writ, order or direction to quash and set aside the order dated 9.2.1997 passed by the District Superintendent of Police, Panchmahals, by which the petitioner was put under suspension pending departmental enquiry.

(2.) IT is the contention on behalf of the petitioner that earlier by order dated 5.11.1996 on the same ground and charges the petitioner was put under suspension as departmental enquiry was initiated against the petitioner. However, subsequently by order dated 6.12.1996 the petitioner was reinstated and the petitioner was served with the chargesheet dated 6.12.1996. It is submitted that inspite of the aforesaid subsequently on the same ground and the charges again the petitioner came to be suspended by impugned order dated 9.2.1997. It is the contention on behalf of the petitioner that the charge against the petitioner was that when the petitioner was on duty on 3.11.1996 in the morning when one Bhupendra Kantilal Soni went there to lodge a complaint the petitioner was not found on duty during the period between 6.40 a.m. and 7.12 a.m., i.e., for 30 minutes. It is submitted that as the petitioner had gone to attend natural call the petitioner was not found on duty. It is submitted that no other allegation has been made against the petitioner.

(3.) CONSIDERING the above and considering the fact that earlier on the same ground the petitioner was suspended, thereafter the said order was revoked, and the petitioner was subsequently reinstated, while admitting the present Special Civil Application, the learned Single Judge of this Court granted ad -interim relief of stay of further implementation and execution of the impugned order dated 17.2.1997, pursuant to which the petitioner continues to be on duty.