MUKESH CHANDRAKANTBHAI PRAJAPATI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) In the present writ petition the petitioner has assailed the order dtd. 5/11/2003, passed by the Deputy Commissioner of Police, Vadodara City, dismissing the petitioner from the service as well as the orders passed in the Appeal and Revision Application i.e. dtd. 26/12/2003 and dtd. 12/1/2006 respectively.

(2.) The brief facts are as under.

(3.) Learned advocate Mr.Upadyay, appearing for the petitioner has submitted that the impugned orders are required to be quashed and set aside, as the petitioner was acquitted in the criminal charges, which are based on the similar facts. It is submitted that though the judgment of acquittal was pointed out before the disciplinary authority as well as before the inquiry officer, the same have not been considered in its true perspective and, therefore, the impugned orders are required to be quashed and set aside. He has submitted that a lenient view may be taken against the petitioner, looking to the fact that he is retiring in the year 2022. It is also submitted by him that some of the witnesses have not supported the case of the respondent department and hence, the inquiry officer has fallen in error in appreciating the deposition of such witnesses and the charges are proved against the petitioner only by placing reliance on the statements of some of the witnesses, who have been deposed against him. Thus, it is submitted that the impugned orders may be set aside. No further submission is advanced.