AHMADKHAN INAYATKHAN Vs. DISTRICT SUPERINTENDENT OF POLICE BANASKANTHA

JUDGEMENT

(1.) Rule. Mr. Joshi waives service of the rule. By consent the rule is heard today.

(2.) This Special Civil Application is filed for quashing and setting aside the impugned order at Annexure A on various grounds.

(3.) Mr. Joshi learned Counsel appearing for the respondents cannot dispute the legal position that is enunciated in the case of Kiritkumar D. Vyas v. State of Gujarat & Anr. 1982 GLH 687 :(1982 (2) GLR 79) and also the decision given by a learned single Judge of this Court in Special Civil Application No. 4791 of 1984 dated 16-1-1985 (Laxman Waghjimal v. K. N. Sharma D. S. P. Kutch 1985 GLH (UJ-28) page 20) In this case the petitioner has no doubt been convicted by a Criminal Court for an offence of accepting bribe. On such a conviction he was dismissed from service. Before the dismissal it is clear from the facts that no notice was given. Failure to give notice to show cause before imposing a penalty even in case of a Government servant convicted by a Criminal Court vitiates such dismissal. This principle has been enunciated by this Court in (Kiritkumar D. Vyas v. State of Gujarat & Anr.) 1982 GLH 687: (1982 (2) GLR 79) (supra) wherein a bench of our High Court had an occasion to consider Rule 14 of the Gujarat Civil Services (Discipline and Appeal) Rules 1971 In this decision this Court held that even though this Rule does not contemplate giving of the notice it must be read into this Rule that notice should be given to satisfy the principles of natural justice. The single Judge of our High Court in the decision cited above has also held that until the criminal proceedings are finally over no action can be taken simply on the ground that the lower Court has found the delinquent guilty. Admittedly criminal proceedings are pending in this High Court against the order of conviction made on the petitioner herein. Thus the principles enunciated in both these decisions squarely apply to the facts of the case and as such the order of dismissal cannot stand. Rule is made absolute by allowing this Special Civil Application. In the facts and circumstances of the case there will be no order as to costs.