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2022 Supreme(Guj) 103

A.S.SUPEHIA
Ibrahimkhan Jamalkhan Pathan – Appellant
Versus
State of Gujarat – Respondent


Advocate Appeared:
For the Appellant :Dhara Shah for C.J. Gogda and Rajvi N. Patel, Advocates.
For the Respondent: Hardik Mehta, AGP.

JUDGMENT :

A.S. Supehia, J.

1. In the present petition, the petitioner has assailed the order dated 09.05.1984 dismissing him from service and the order dated 11.09.2004 passed in appeal confirming the order of dismissal.

2. During the pendency of this petition, since the petitioner has passed away, the writ petition is pursued by his legal heirs.

FACTS:

3. The petitioner was appointed as a Police Sub-Inspector in the year 1963 and was promoted as a Police Inspector in March, 1980 and after holding departmental proceedings, he has been dismissed from service by order dated 09.05.1984. A charge-sheet dated 04.07.1981 was served upon the petitioner for holding a departmental inquiry for the misconduct inter alia alleging that:-

    (A) The petitioner obstructed the investigation of the FIR being C.R. No. I-109 of 1980 registered for the offence punishable under Sections 302 and 397 of the Indian Penal Code, 1860 (for short "the IPC").

(B) He demanded bribe of Rs. 10,000/- from the first informant and his brother-in-law and they were kept in the police custody and tortured and ultimately, the demand was settled for Rs. 6,000/-.

(C) With respect to tempering with the record of the Guest House at C

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