P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Special Civil Application is to quash and set aside the order of dismissal passed on 7-5-1985 against the petitioners herein and to give them all benefits of service and backwages as if no order of dismissal has ever been passed against them. The Special Civil Application also prays that the power contained in proviso (b) of Article 311 (2) of the Constitution of India which is to the effect that where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason to be recorded by that authority in writing it is not reasonably practiceable of hold such enquiry be declared as invalid and unconstitutional. The petitioners were unearned police constables in the Police Department of the State of Gujarat. In respect of an alleged common incident on 7-5-1985 wherein all the-c three petitioners are supposed to have taken part they were ordered to be placed under suspension by respondent No. 1 by his order dated 7-5-1985. The said order was served upon the petitioners at 9. 00 P. M. on 7/05/1985 At 11. 00 P. M. on 7-5-1985 another order passed by respondent No. 1 was served upon the petitioners herein and that order terminated the services of the petitioners. This order of termination is challenged by the petitioners in this Special Civil Application.

( 2 ) ONE Rajubhai Manilal gave a complaint stating that he was sleeping in his tea stall situated at Ajod Dairy road on the corner of Bhagyodaya Estate on the of 6-5-1985. Al about 5. 30 A. M. on 7-5-1985 the petitioners came to his stall. At that time the complainant had gone out for washing his hands and legs His father. his servant his uncle and his son were sleeping in the tea stall. When the complainant was returning after washing he witnessed that these three petitioners were beating his father. When questioned this complainant was also kicked by one of the policemen Thereafter the three petitioners according to the complainant opened his galla and took Rs. 400. 00 to Rs. 500. 00 lying in the said galla and also broke a glass pane. Subsequently these three petitioners went towards the hut near Smashan Gruh which is at a distance of 50 to 60 ft. from the complainants tea stall and there they began beating the people. Hearing the shouts the military people came and arrested all the three petitioners herein. It is further stated in the complaint that these three Petitioners were in a drunken condition and the military van took these three petitioners leaving their cycles at the spot. The compliant Rajubhai Manilal Patel has also stated that the petitioners apart from beating number of persons in that locality have also beat one Tarachand and relieved from him a sum of Rs. 150. 00

( 3 ) IT is the case of the first respondent that the petitioners leaving their respective places of duty unauthorisedly went to the pan and tea. stall and started heating the complainant Rajubhai Manilal Patel and his father without any cause. They also robbed Rs. 500. 00 from their tea stall and pan gallas. Further they also took away Rs. 150. 00 from one Tarachand and also heat him. It is further averred by the 1st respondent that the Petitioners went to one Pratapaji Gamnajis tea stall and robbed from him a sum of Rs. 740. 00. They also beat one Khemchand Bholarama and took away Rs. 35. 00 from him. Thereafter. these three petitioners went to Smashan Gruh area and beat the inmate of the huts situated therein without any reason causing various inquires to innocent people. It is further averred by the 1st respondent that Tarachand Jamnadas called the Military Officer that Military Officer by name Ramakrishnan questioned the 1st petitioner Govindbhai Muljibhai Parmar as to why he has beaten and robbed Rs. 150. 00 from Tarachand that on questioning the 1st petitioner herein admitted his guilt and returned the sum of Rs. 150. 00 to Tarachand. Thereafter the three petitioners were taken by Ramakrishnan the Military Officer and

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