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 c

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