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1985 Supreme(Guj) 200

I.C.BHATT, P.R.GOKULAKRISHNAN
GOVINDBHAI MULJIBHAI PARMAR – Appellant
Versus
J. MAHAPATRA DEPUTY POLICE COMMISSIONER,ahmedabad CITY – Respondent


Advocates Appeared: DHAVAL C.DAVE, K.J.SETHNA, M.B.GANDHI

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













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