MEHULBHAI RANCHODBHAI MAKWANA Vs. STATE OF GUJRAT

JUDGEMENT

(1.) RULE . Mr.J.K.Shah, learned Assistant Government Pleader waives service of notice of Rule on behalf of the respondents.

(2.) BY way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 1st November,2002 passed by respondent No.3 withholding one increment for one year without future effect as well as order dated 23 rd January,2007 passed by respondent No.3 treating the period of suspension of the petitioner as such and not on duty.

(3.) THE petitioner was serving as A.S.I. and while he was on escort duty along with other four policemen, five prisoners, while getting down the stairs in Bhardra Court, Ahmedabad, the said prisoners managed to escape from the custody. The Police Commissioner lodged a criminal complaint against the petitioner and other four policemen at Karanj Police Station for the offences punishable under Sections 143, 147, 149, 223, 224 and 225 of the Indian Penal Code,1961. However during the pendency of the criminal trial, a departmental inquiry was initiated against the petitioner and four other policemen and all of them had placed under suspension. The departmental inquiry has been initiated on charges of negligence in escort duty.