BALBHADRASINH BACHUBHA GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the order dated 02.04.2009 issued by respondent no.3 herein by which the petitioner was discharged from duty.

(2.) The facts in brief are that the petitioner herein was appointed as a Guardsman by the respondents vide order dated 20.12.1999. On 25.01.2009, while the petitioner was on duty, his rifle and suitcase were stolen from his tent. A complaint in that regard was lodged by the respondent no.3 herein on the same day. Thereafter, vide communication dated 09.03.2009, the petitioner was called upon by respondent no.3 to remain present before him on 17.03.2009 for an inquiry into the incident of theft. On 17.03.2009 a show cause Notice was issued to the petitioner to which the petitioner gave his reply. Thereafter, vide impugned order dated 02.04.2009, the petitioner was discharged from the duty.

(3.) On 01.07.2009 the petitioner filed an appeal before the appellate authority. However, vide order dated 05.01.2010, the said appeal was dismissed as being time barred. Being aggrieved by the same, the petitioner has preferred the present petition.