JUDGMENT :

A.S. Supehia, J.

1. In the present writ petition filed under Article 226 of the Constitution of India, the petitioner is praying for quashing and setting aside the inquiry officer's report, order dated 28.05.2004 dismissing the petitioner from service and the order dated 12.12.2019 rejecting the appeal of petitioner.

FACTS AND SUBMISSIONS:

2. The brief facts giving rise to filing of the present petition are that the petitioner was appointed as a Security Supervisor on 22.09.1997, in Watch and Ward Department of the Surat Mahanagarpalika. The petitioner was appointed formerly in the Army as a Sepoy on 27.02.1974. During the service, as Subedar, in the year 1991, the petitioner was operated for the Structure Urethra at Military Hospital, Jalandhar. Thereafter, the case of the petitioner was examined by the Medical Board and he was declared as unfit for Defence Security Corps (DSC).

2.1. The petitioner was served with the suspension order dated 03.07.2002 on the ground of misbehaviour, indiscipline and dishonesty and was placed under suspension with immediate effect. The said suspension letter states that the same has been issued on the basis of prior approval of the Commissione