SHAKUNTALABEN N BACHVANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner by way of this petition has prayed for quashing and setting aside the order of compulsory retirement passed by the respondents against her and for a direction to reinstate her in service with full back wages.

(2.) The petitioner was working as a Lady Police Constable at Adipur Police Station. It appears that an incident took place on 16-6-1989 between the petitioner and her nephew's wife wherein it was alleged that the petitioner addressed her as "Dhedi" for which a criminal case being Criminal Case No. 3606 of 1989 was filed against the petitioner for having committed offences punishable under S.506(2) and 114 of the Indian Penal Code and S.3 and 7 of the Protection of Civil Rights Act. Pursuant to the aforesaid criminal proceedings, the petitioner was suspended by an order dated 1-7-1989 with effect from 21-6-1989. The petitioner was acquitted in the said criminal case by the learned Judicial Magistrate, First Class, vide his judgment and order dated 11th March 1991. However, on 3-5-1991, a charge-sheet was issued against the petitioner with respect to the said incident which took place between her and her nephew's wife. The said charge-sheet contained the following allegations :

(3.) It appears that the petitioner had not participated at the inquiry though number of opportunities were given to her and for one or the other reason, she sought adjournments of the case. Therefore, the Inquiry Officer recorded the statements of the eye-witnesses and after considering the same and the material on record, recorded a finding that the charges are duly established against the petitioner. The District Superintendent of Police vide his order dated 9-2-1992, while accepting the inquiry report, passed an order of compulsory retirement of the petitioner from the services of the Police Department effective from the date of the service of the said order and the period of suspension from 1-7-1989 to 23-7-1990 was ordered to be treated as the period under suspension.