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1964 Supreme(Guj) 76

N.M.MIABHOY, N.K.VAKIL
Hariprasad Raghuram Dave – Appellant
Versus
State of Gujarat – Respondent


Advocates:
S. K. Zaveri, for Petitioner; A. N. Surti Asst. Govt. Pleader and K. L. Talsania Add. Govt. Pleader, for Respondents.

Judgement

VAKIL, J. :- This petition is directed against the order passed by the Deputy Commissioner of Police, Ahmedabad, removing the petitioner from the police force. The petitioner was appointed by the District Superintendent of Police, District Surat, to the post of a police constable in the year 1948. In 1953 in the ordinary course of service, he was transferred to the City of Ahmedabad. In August 1959, he suffered from kidney trouble and was advised to have himself operated and was operated in the Civil Hospital at Ahmedabad in September 1959. The first operation was a failure. According to the petitioner, it had so happened because there was negligence on the part of the authorities of the Civil Hospital. He was advised to undergo a second operation. He was released from the Civil Hospital on the 31st (sic) of September 1959. Having lost confidence in the management and the staff of the Civil Hospital, the petitioner applied to the District Superintendent of Police to permit him to have the operation performed by a doctor of his choice, which permission was granted. The second operation was done on the 11th October 1959 by Surgeon Dr. Navin Desai in his private clinic. The o



















































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