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1998 Supreme(Guj) 468

K.G.BALAKRISHNAN, M.H.KADRI
Ramsunder Shamlal – Appellant
Versus
Y. B. Jhala – Respondent


Advocates Appeared: KETTY A.MEHTA, S.P.HASURKAR

K. G. BALAKRISHNAN, C. J.

( 1 ) THIS is an appeal directed against the judgment in Special civil Application No. 6116 of 1984. The petitioner therein is the appellant. The appellant was a Police Constable in the Police Department and disciplinary proceedings were initiated against him and he was given a show cause notice on 27. 1. 1971 and he was dismissed from service on 2. 3. 1971 and he was reinstated in service on 12. 12. 1974. The appellant was again given notice on 26. 9. 1975 and the appellant was dismissed from service on 17. 12. 1975 and the appellant was reinstated in service on 8. 7. 1982, Pursuant to show cause notice dated 17. 9. 1982, departmental proceedings culminated in some punishment and the disciplinary authority held that the period of suspension shall be treated as suspension and he was entitled to get subsistence allowance for this period. Aggrieved by the same, the appellant preferred the Special Civil Application, but the learned single Judge held that the appellant had an alternative remedy by way of Revision before the Government and as the appellant had filed the Special Civil Application without exhausting that remedy, the Special Civil Application was









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