LAWS(GJH)-2018-10-229

VITHALBHAI HARIBHAI Vs. SUPERINTENDENT OF POLICE

Decided On October 22, 2018
Vithalbhai Haribhai Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) The petitioner has assailed the order dated 09.08.2002 imposing penalty of reduction in the basic pay of Rs.2,750/- for two years from 01.05.2002 as well as the orders dated 28.08.2002 and dated 27.07.2006 passed in the appeal and the revision respectively by the competent authorities.

(2.) The brief facts are adumbrated of the case are as under:

(3.) Learned advocate Mr. Kunal Shah appearing on behalf of the petitioner has submitted that the revisional authority i.e. respondent No.3 has ignored the fact that the petitioner is acquitted in the criminal. He has submitted that pursuant to the case filed against the petitioner being Criminal Case No.3787 of 1996, the petitioner has been acquitted by the Criminal Court vide judgment and order dated 30.08.1996. He further submitted that though the judgment and order of the Criminal Court states that the petitioner has has been acquitted on benefit of doubt but in fact he has been acquitted on merits. He has submitted though his acquittal was brought to the notice of the competent authority the same is not considered by the respective authorities while passing the impugned orders.