MANSUKHLAL GOVINDBHAI TANK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It was on the following substantial questions of law that the present Appeal came to be admitted by this court.

(2.) The appeal is directed against judgment and decree dated 25th September, 2009 passed by the presiding offer Fast Track Court No.7, Rajkot in Regular Civil Appeal No.03 of 2004. Thereby, the appeal was allowed by the first appellate court setting aside the judgment and decree of the Trial Court. The Trial Court had decreed the suit of the appellant-plaintiff on 17th October, 2002 declaring order dated 25th April, 1990 dismissing the plaintiff from service as illegal further declaring that he was continued in service with backwages and other benefits.

(3.) The facts in the background leading to this appeal and with reference to which the aforesaid questions of law arise for consideration may be stated at the out set. The appellant was an armed police constable serving since 1983 in the State Reserve Police Force. A show cause notice/imputation of charge dated 02nd December, 1989 came to be issued to him by the competent authority-Senapati. The charge leveled was that he had gone on leave for three days from 31st July, 1989, however, remained absent for 31 days without intimation and without any request for extension of leave. It was stated that thereby he committed misconduct and his conduct was unbecoming of a police constable.