NATVARSINH UMEDSINH VALA Vs. DEPUTY SECRETARY

JUDGEMENT

(1.) Heard learned advocate Mr. P. P. Majmudar for the petitioner and learned AGP Ms. Amita Shah for the respondent No.1. Perused the record. In compliance of order dated 2.12.2016 and 29.12.2016, learned AGP is producing letter dated 23.1.2017 received by her from the office of the Superintendent of Police, Rajkot (Rural), with two tabular statements, which are to be taken on record. Such statements contain comparative details of several employees of the respondents, who were also involved in similar charges under the Prohibition Act.

(2.) The petitioner has sought indulgence under articles 14, 16 and 226 of the constitution of india for quashing and setting aside the impugned order dated 29.8.2003 by the Superintendent of Police, Rajkot (Rural), so also order dated 30.12.2003 by the Special D.I.G., Rajkot Division, Rajkot whereby punishment of removal from service has been imposed upon the petitioner by the Superintendent of Police and such order of removal has been confirmed in appeal by order dated 30.12.2003. Therefore, petitioner has been terminated from the services of the respondents w.e.f. 30.12.2003. It seems that petitioner has also challenged such order dated 30.12.2003 before the competent authority, which has also while rejecting the revision of the petitioner, by order dated 29.4.2006, confirmed the order of removal of the petitioner from his service and thereby, confirmed the order dated 29.8.2003. The petitioner has also challenged the said order dated 29.4.2006 before the Home Secretary. However, the Home Secretary has also by order dated 8.12.2010 while rejecting the revision application of the petitioner, confirmed the previous order, including order dated 29.4.2006 and therefore, petitioner has challenged all such orders, amongst which the last order is dated 8.12.2010.

(3.) The undisputed fact between the parties is to the effect that petitioner was serving as a Police Constable with the respondents since long, but when he was involved in one case under Prohibition Act on 26.6.2000, an FIR was lodged with Jetpur Police Station, which was registered as C.R.No.5164 of 2000 u/ss.66(1)B, 85(1)(3) of the Prohibition Act. Pursuant to such FIR, petitioner was placed under suspension w.e.f. 30.6.2000. However, w.e.f. 14.5.2001, such suspension was removed though departmental proceedings and criminal case against him were pending.