LAWS(GJH)-2018-7-393

BUDHSINH JAISINH PATEL Vs. STATE OF GUJARAT

Decided On July 31, 2018
Budhsinh Jaisinh Patel Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) Whether the petitioner-an Unarmed Head Constable, was entitled to be given show-cause notice before his dismissal from service based on conviction of the petitioner under the provisions of the Prevention of Corruption Act, 1988, when the competent authority exercised powers under Rule 3 of Bombay Police (Discipline and Appeal) Rules, 1956 read with Article 311(2)(a) of the Constitution, is the question posed for consideration in the present petition.

(2.) The petitioner came to be dismissed by order dated 24th February, 2017 passed by the District Superintendent of Police, Dahod-respondent No.3 herein. The Director General of Police-the appellate authority, confirmed the said order in appeal, whereafter the order was taken in revision before respondent No.1. The revisional authority as per order dated 26th March, 2018 upheld the order of dismissal to confirm the order of the appellate authority dated 25th May, 2017.

(3.) The petitioner was posted at Shahera Police Station, Panchmahal, Godhra, as Unarmed Head Constable. On 26th August, 2009 a case was registered against the petitioner under the provisions of Section 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988. The petitioner was initially suspended. He later came to be reinstated on condition that the outcome of the criminal case against him would bind him. The competent criminal court convicted the petitioner as per judgment and order dated 19th December, 2016 and punishment of rigorous imprisonment for five years and fine with default clause was imposed.