VALJIBHAI KALIDAS MAKWANA Vs. DSP KHEDA

JUDGEMENT

(1.) The petitioner, an Ex-trainee constable of the Police Department of the Kheda District, by this petition under Article 226 of the Constitution is praying for issuing a writ of mandamus or any other writ, direction or order directing the respondents to take him back in service and pay him all back wages and arrears of salary from the date of his wrongful dismissal. Second prayer has been made for asking from the respondents as to why after so many reminders even today the petitioner's appeals at annexures H and I have not been disposed of. Third prayer has been made for declaration that the dismissal of the petitioner from service is illegal and unconstitutional. The petition was amended and further prayers have been made that is, for interim relief to stay the operation of the order of dismissal of the petitioner from services annexure A and second to direct the respondents to allow the petitioner to join his duties with immediate effect, pending admission and final disposal of this petition.

(2.) The facts of the case are that the petitioner was recruited as Police Constable on 23/01/1971 and he was sent for training at Police Training School. It is the case of the petitioner that he successfully completed his training on 4/11/1971 and proof thereof is a certificate which has been given to him, which is there on the record of this special civil application as annexure B. The petitioner after completion of his training joined as Police Constable at Kheda camp, Kheda and he continued to discharge his duties till 13/11/1971. On 13th November, 1971, the petitioner was called in the office of the respondent No.1 and he was orally told that he stood dismissed from services with immediate effect and was asked to surrender his belt and badge in the office. The petitioner on 1 4/11/1971 requested the respondent No.1 to give him the reasons and circumstances under which his services were abruptly brought to an end. It is the say of the petitioner that his services could have been brought to an end only after giving him a show cause notice and holding a departmental inquiry. However, under annexure A the order of the respondent No.1, he was given out the reasons of his discharging from services i.e. he was found copying during the weekly test conducted on 13th October, 1971 held at Police Training School, Baroda. The petitioner urged that for the act aforesaid he had already been punished to undergo extra drill for six continuous days from 13/10/1971. It is the say of the petitioner that this punishment was in addition to the punishment of having to undergo extra drill of three days for remaining absent from the night roll call of 6/10/1971. Summing up, the petitioner submitted that it is a case of double penalty to him. The petitioner replied to the letter of the respondent No.1 dated 3/12/1971. When he heard nothing from the respondent No.1 in the matter, he submitted a detailed representation dated 31/01/1972 to the DIG and IGP. The Inspector General of Police, vide his letter No.6372 informed to the petitioner that his application dated 31/01/1971 has been received and is under consideration. Likewise, the DIG, Baroda vide his letter dated 20/03/1972 informed to the petitioner that his application is under consideration. However, when nothing has been done in the matter, the petitioner approached to the Gujarat State Vigilance Commission by applications dated 1/11/1972, 18/12/1972 and 1 7/04/1973. The petitioner contends that all the applications aforesaid were responded with general remark that inquiry is going on with the petitioner's case. Last letter in this respect has been received by the petitioner from the office of the Gujarat State Vigilance Commission which is dated 1 5/05/1973. In the meanwhile, the petitioner approached to the Home Minister of the State of Gujarat by his application/representation dated 17th April, 1973. This letter/representation of the petitioner came to be replied by the Home Minister vide his letter dated 19/04/1973. The essence of the letter aforesaid is stated to be that his representation /application has been sent to the Secretary, Home Department with the instructions that the petitioner may contact the Home Department in the matter. The petitioner urges that he sent an appeal to IGP, Gujarat State on 17/09/1972, copy of which is filed on the record of this special civil application as annexure H. The petitioner filed an appeal to the DIG, Gujarat State also, copy of which is annexure I, but it is his grievance that those appeals were not decided. The petitioner collectively submitted the reminders which were sent to the authorities concerned from time to time as annexure `K'. He made reference of his representation dated 14/03/1988 but when nothing has been done he filed this special civil application in this court on 18/06/1988, which is admitted.

(3.) The respondent No.2 filed reply to the special civil application and opposed the same.