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1985 Supreme(Guj) 65

A.P.RAVANI
DHARAMJI FATAJI HEAD CONSTABLE – Appellant
Versus
STATE – Respondent


Advocates Appeared: YATIN OZA

A. P. RAVANI, J.

( 1 ) THE appellant who is a Police Constable instituted a Civil Suit being Civil Suit No 4248 of 198 4/10/1984 in the City Civil Court Ahmedabad and challenged the legality and validity of the show cause notice of proposed punishment of dismissal from service. He also prayed for interim relief by taking out notice of motion. The appellant-plaintiff did not give necessary particulars with regard to the charges levelled and held proved against him at the conclusion of the departmental inquiry. As it has transpired later on the charge against him was that he aided and abetted one Police Constable Babuhai in taking bribe of Rs. 500. 00 from one Bhagwandas. For this purpose he made false Panchnama and took signature of said Bhagwandas on blank paper. Without mentioning these particulars in the pleadings the plaintiff obtained interim order against the department and by an order of injunction issued by the Court the Department was restrained from dismissing the plaintiff from service or from taking any further action pursuant to the show cause notice by which the appellant-plaintiff was called upon to explain as to why the proposed punishment of dismissal from service sh







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