A. D. DESAI, N. M. MIABHOY, J.

( 1 ) THIS is a petition under Article 226 of the Constitution of India. One Ibrbhimbhal Karimbhai Chhipa was the original petitioner. He was a member of the Police Service of the State. He was appointed as a Sub-Inspector of Police on January 1 1939 in the former State of Bombay. He was promoted as Inspector of Police on November 8 1953 and was confirmed in that post on August 19 1960 He was listed in the selection list of the Police Officers fit for promotion as Deputy Superintendent of Police by the Selection Board. He was appointed as an Officiating Deputy Superintendent of Police by the Government of Gujarat on May 3 1961 He took charge of the Sub-Divisional Police Officer Morbi Sub Division Rajkot on May 28 1961

( 2 ) DURING the course of his duties he camped at Vankaner on August 5 1961 in connection with an investigation of a murder case. One Lalji Hirji complained to him that his nephew a boy named Jayantilal was taken to Vankaner City Police Station as a suspect in a case of house-breaking and theft at the place of one Gambhirsinh Ratansinh on August 3 1961 and that Haribhai the maternal uncle of the said Jayantilal beat the boy with a stick causing fracture of his left leg. Lalji complained that Jayantilal was beaten in the presence of the Police Sub-Inspector Ajitdan Jivraj Gadhvi and inspite of this no action was taken by the Police Sub-Inspector against Haribhai. Ibrahimbhai Chhipa (hereinafter referred as to the original petitioner) went to the police station and registered the offence under sec. 325 of the Indian Penal Code against Haribhai He also recorded the complaint of Gambhirsinh regarding the offence of house-breaking and theft under secs. 454 and 380 of the Indian Penal Code. He reported to the District Superintendent of Police for suitable action against Police Sub-Inspector Gadhvi. The District Superintendent of Police took a serious view of the matter and passed an order of suspension against P. S. I. Gadhvi on August 29 1961 While the original petitioner was camping at Vankaner City on August 30 1961 P. S. I. Gadhvi came to see him and at that time a police constable from Morbi brought office post wherein the orders of suspension of P. S. I. Gadhvi were also received by him. The original petitioner therefore served the order of suspension on P. S. I. Gadhvi who signed the duplicate copy as a token of having received the order. The original petitioner was making an endorsement on a duplicate copy and at that time he heard a shot of a revolver and saw his clerk Mr. Rana falling down. Other shots were also fired and be himself received an injury on abdomen. These shots were fired by P. S. I. Gadhvi and he committed suicide by shooting himself with the revolver. The Deputy Inspector General of Police Rajkot Range conducted an enquiry in respect of this incident and the visit of the original petitioner on that day to Vankaner. He submitted his report to the Government of Gujarat. The Government of Gujarat General Administration Department issued a notice dated December 28 1961 to the original petitioner stating therein that the Government had come to the conclusion that there was sufficient evidence to hold that the original petitioner had acted in contravention of Rule 402 of the Bombay Police Manual as he had purchased some supplies through the subordinate officer during his camp at Vankaner; that the petitioner failed to use proper discretion In hastily registering an offence under sec. 325 of the Indian Penal Code without proper verification of the complaint of Lalji against Haribhai and in entrusting the investigation of the two cases namely injury to Jayantilal and house-breaking and theft at the house of Gambhirsinh Ratansinh to P. S. I. Misra and therefore the Government proposed to revert the original petitioner on the basis of the aforesaid misconduct. The original petitioner submitted his reply to the said show cause notice on March 24 1962 He denied the aforesaid

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