STATE OF GUJARAT Vs. RAMANLAL DALSUKHLAL PATEL

JUDGEMENT

(1.) This is a Letters Patent Appeal, whereby the learned single Judge had allowed the writ petition filed by the respondent, who had challenged the order terminating his services.

(2.) The respondent was working as a Senior Clerk in Vadodara Central Jail for the period 1970 to 1979. During this tenure, it was alleged that he had misappropriated a sum of Rs. 4,501.33. Four criminal cases were instituted against him. It appears that the respondent admitted his guilt before the Chief Judicial Magistrate, after charges had been framed against him under Secs. 409, 465, 467 and 477A. I.P.C. Having admitted the charge, the respondent pleaded for mercy. A report was sought from the Probation Officer, by the Chief Judicial Magistrate, and looking into the family circumstances, vide order dated 27/12/1978, the respondent was released on probation and on bail for good behaviour.

(3.) The appellants had suspended the respondent on 6th of May, 1974 on acaccount of misappropriation of the aforesaid amount of Rs. 4,501.33. After the decision of the Chief Judicial Magistrate, holding the respondent guilty of the commission of the said offences, but releasing him on bail under Sec. 4 of the Probation of Offenders Act, an order was passed on 31/08/1979, reinstating the respondent in service with immediate effect. This order revoked the suspension. But, a departmental enquiry was then started against him on 31st of March, 1979. The Enquiry Officer submitted his report, which was accepted and a show cause notice was issued to the respondent on 11th of July, 1980, asking him to show cause why he should not be dismissed from service. Reply to the show cause notice was furnished on 4th of August, 1980 and after taking the said reply into consideration, the impugned order of dismissal was passed on 3rd of September, 1980. An appeal was filed against the same, but it was dismissed by the Government on 8th September, 1980 and thereafter, the present writ petition was filed.