( 1 ) THIS appeal by the State of Gujarat and Dy. Commissioner of Police, Shahibaug, Ahmedabad is filed against the judgment and decree dated 29-4-1988 passed by City Civil Judge, Court No. 9, City Civil Court at Ahmedabad in Civil Suit No. 5886 of 1986 under which the suit of the plaintiff-respondent since deceased, now represented by his legal heir, has been decreed and his dismissal from the services was declared to be illegal and void and he was ordered to be reinstated back in service with full benefits subject to withholding of two grade increments by way of punishment in respect of first charge.

( 2 ) THE facts of the case are that the plaintiff since deceased, now represented by his legal heir (hereinafter referred to as the respondent) was serving as a unarmed police constable in the office of the Police Commissioner, Ahmedabad from 28-2-1980. From 2-6-1980 he was posted in Traffic Branch. Vide memo dated february, 1982 of Deputy Commissioner of Police, Shahibaug, Ahmedabad a charge-sheet was served to the respondent for his misconduct of abusing language and for having been found under the influence of liquor, and for the charge of taking of liquor. A cri