BHIKHUBHAI MAKANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of challenging the legality and validity of the order dated 06.05.1998 which is confirmed by the appellate as well as revisional authority and sought a consequential relief and refund the amount of penalty recovered with 12% interest and to treat the period of suspension as on duty.

(2.) The case of the petitioner is that petitioner, who was working as Assistant Sub Inspector of Police in the City of Surat, was served with a charge-sheet on 17.04.1997 by respondent no. 2 for holding departmental inquiry against the petitioner with respect to allegation of bribe. It is the case of the department against the petitioner that on 03.10.1996 when the petitioner was serving at Katargam Police Station, one Smt. Shantaben made an application on 03.10.1996. The said application was examined by the Assistant Commissioner of Police who found on the basis of material that petitioner had demanded an amount of Rs. 500/- as a bribe from said Smt. Shantaben and her husband, as a result of this, chargesheet was given to the petitioner. After considering this, ultimately the Inquiry Officer came to be appointed to conduct departmental inquiry and in the departmental inquiry it has been found that charges levelled against the petitioner have been proved. As a result of this, disciplinary authority i.e. respondent no. 2 having agreed with the findings of inquiry report, issued further notice and the said show-cause notice dated 29.10.1997 has been served calling upon the petitioner as to why he should not be put in minimum pay of Head Constable, Grade-II for a period of two years.

(3.) The petitioner has submitted reply on 15.11.1997. The personal hearing was also given to the petitioner. A further statement also given on 16.01.1998 and ultimately after the said opportunity on 06.05.1998, the respondent no. 2 inflicted a punishment and has ordered that the period of suspension would be treated as such. This order of penalty dated 06.05.1998 is assailed by the petitioner by way of an appeal before the appellate forum and the Additional Commissioner of Police, City of Surat being an appellate authority has dismissed the appeal vide order dated 29.12.1999. As against this, feeling aggrieved and dissatisfied, a further appeal was also submitted by the petitioner before the Commissioner of Police, City of Surat, which also came to be dismissed on 04.10.2000. The petitioner submitted further revisional application which also came to be dismissed by Director General and I.G.P, Gandhinagar vide order dated 11.03.2004 respectively. As a result of this, the State Government has also communicated the order of dismissal on 04.07.2006 which is the foundation of present petition under Article 226 of the Constitution of India.