J M PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is a petition by a Circle Police Inspector in the Statess service challenging the order of his suspension passed by the Deputy Inspector General of Police Baroda Range on 30-11-78. The challenge is on four grounds one of which is that the Deputy Inspector General of Police had do authority at law to pass the impugned order The three other grounds that were alleged were that the order was made Without making a preliminary enquiry and without there being any material before the said authority to arrive at a satisfaction about there being a prima facie ease for suspension and the satisfaction spoken to by the Deputy Inspector General of Police in his affidavit-in-reply was only a camouflage to shield the true character of the order which was passed because of the announcement made by the Home Minister of the State of Gujarat. The third ground was that the order was passed against the guidelines issued by the Government under their circular dated 8-7-70 and that the suspension was sought to be effected without obtaining the prior approval of the Chief Secretary of the Government though under the aforesaid guidelines it was mandatory to do so. The last ground as that the order was passed mall fide in so far as the alleged dereliction of duty was not there the duty to guard against the violation of the provisions of the Bombay Prohibition Act 1949 being Cast on the Special Unit floated by the Government in every district the unit known as Task Force.

(2.) In my view the first ground of attack is sufficiently strong to make me allow this petition and therefore I do not propose to go to other grounds.

(3.) A few facts require to be stated. There is a town Dabhoi in Baroda District. On 29-11-78 various untimely deaths were reported and the cause alleged was the consumption of denatured spirit notoriously known as Lattha. The Minister in charge of Home Affairs Shri Popatlal Vyas had at a press conference held on 29-11-78 declared that the Circle Inspector and the Police Sub-Inspector of Dabhoi were suspended. The following day the Deputy Inspector General of Police Baroda Range had gone to Dabhoi had conducted some on the-spot inquiry had passed the order of transfer of the petitioner to Baroda proper and had then passed the impugned order of his suspension. The petitioner had rushed to this court with a view to thwart the impending suspension before he could be served with that order and before the order could be implemented. During the course of the pendency of the proceedings before me the impugned order was produced by the State and now it is made a part of the petition and it is this order which is challenged in this petition.