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2022 Supreme(Guj) 71

BIREN VAISHNAV
Pandor Mahendrasinh Bharatsinh – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Gautam Joshi, Sr. Counsel and Vyom H. Shah, Advocates
For the Respondent:Kurven Desai, AGP and H.S. Munshaw, Advocates

JUDGMENT :

BIREN VAISHNAV, J.

1. Heard Mr. Gautam Joshi, learned senior counsel assisted by Mr. Vyom H. Shah, learned advocate for the petitioner, Mr. H.S. Munshaw, learned counsel for respondent No. 2 and Mr. Kurven Desai, learned AGP for the respondent-State.

2. The Challenge in this petition is to the order of dismissal dated 18.7.2018 passed by the respondent-authority.

3. Mr. Joshi, learned senior counsel for the petitioner would rely on the CAV judgment passed in similar matter by the coordinate Bench of this Court namely; SCA No. 9967 of 2018 dated 31.7.2018. He further requested to pass the similar order in this order. The order dated 18.1.2022 reads as under:

    "Whether the petitioner-an Unarmed Head Constable, was entitled to be given show-cause notice before his dismissal from service based on conviction of the petitioner under the provisions of the Prevention of Corruption Act, 1988, when the competent authority exercised powers under Rule 3 of Bombay Police (Discipline and Appeal) Rules, 1956 read with Article 311(2)(a) of the Constitution, is the question posed for consideration in the present petition.

2. The petitioner came to be dismissed by order dated 24th February, 2017

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