VISHNUPRASAD DAHYABHAI BRAHMBHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present petition under Article 227 of the Constitution of India, the petitioner has prayed for issuance of writ, order or directions, directing the respondents to immediately pay to the petitioner his full salary with all consequential benefits and emoluments as per the spirit of the judgment dated 20.08.1999 passed in Special Civil Application No.3959 of 1985 with interest thereon till the date of actual payment.

(2.) It is also prayed that it may be declared that the petitioner is entitled to get full salary and emoluments during his suspension period, with the regular increments in salary. The petitioner has also prayed that it may be declared that the petitioner is entitled for the higher pay scale as per the Government Rules, as is paid to other employees. Accordingly, respondents may be directed to pay the higher pay scale to the petitioner and pay all arrears of salary and the allowances, and all other service benefits and the difference in the emoluments by fixing his pay in higher pay scale, and also pension may be revised and arrears thereon also may be paid.

(3.) The brief facts given rise to the present petition are as under: 3. 1 The petitioner while working as Unarmed Police Head-Constable, on 16.07.1962, was served with a charge sheet and an inquiry was initiated against the petitioner. On 17.02.1964, the order of dismissal from service came to be passed against the petitioner. 3. 2 Thereafter, an appeal was preferred by the petitioner against the order of dismissal. The said appeal was dismissed by the Appellate Authority vide order dated 30.11.1964. Thereafter, on 16.02.1965, the petitioner filed a Revision Application. The said Revision Application was also dismissed on 26.07.1965. 3. 3 Being aggrieved by the aforesaid orders, the petitioner has preferred Special Civil Application No.1106 of 1965 before this Court. The learned Single Judge of this Court dismissed the said petition. 3. 4 Thereafter, being aggrieved by the said order, Letters Patent Appeal No.42 of 1970 was preferred by the petitioner and the said Letters Patent Appeal was allowed by the judgment and order dated 29.01.1971 by reserving liberty to the respondents to go on with the inquiry from the stage at which the proceedings rested on 26.06.1963 before the Inquiry Officer. It was made clear that the order of holding inquiry was set aside, but the order of dismissal was ordered to be set aside. Thereafter, the inquiry was resumed from the stage where it was rested on 06.05.1972. The Inquiry Officer has submitted its report on 04.04.1974, and thereafter, the Disciplinary Authority has passed an order of dismissal from service on 10.07.1974. Being aggrieved by the said order of dismissal, appeal was preferred by the petitioner which was dismissed vide order dated 24.07.1975. Thereafter, the petitioner has preferred Revision Application and the same was also dismissed vide order dated 10.06.1976. 3. 5 Thereafter, the petitioner filed an appeal under Section 27 of Bombay Police Act before the Secretary of the Department on 24.07.1976, which was also dismissed by the Secretary on 11.11.1983. Thereafter, being aggrieved with the aforesaid decision, the petitioner has filed Special Civil Application No.3959 of 1985. The said petition was allowed by this Court (Coram: Hon'ble Mr. Justice Mohit S. Shah, J.) by the judgment and order dated 20.08.1999. Since, the order passed by the learned Single Judge of this Court was implemented, the petitioner has filed Misc. Civil Application No.802 of 2002 on 25.06.2002, and the said application was dismissed on 19.12.2003 as statement was made by the respondents before the Court that some payments have been made. 3. 6 Being aggrieved by the said decision, the respondent - authority preferred an Appeal being Letters Patent Appeal No.1117 of 2002. The said Letters Patent Appeal was dismissed by the judgment and order dated 17.06.2003. Thereafter, the petitioner preferred the present petition for proper implementation of the directions given by the learned Single Judge in Special Civil Application No.3959 of 1985.