Case Note & Summary
The petitioner, Abdul Gafar Dad Karim Raesh, was appointed as an armed constable on 30/12/1973 and later as an unarmed constable in the Gujarat Police Department. After rendering 34 years of service, he was transferred to Bhavnagar on 06/03/2007. The petitioner did not join the transferred post and remained absent. Subsequently, a charge sheet was issued on 30/09/2010, and an ex-parte inquiry was conducted, leading to his dismissal from service on 31/12/2010. The petitioner challenged the dismissal order and the charge sheet by filing a writ petition under Articles 14, 16, and 226 of the Constitution of India, seeking quashing of the impugned order and reinstatement with consequential benefits. The court examined the facts and found that no proper departmental inquiry was held, no show cause notice was issued, and the petitioner was not afforded an opportunity of hearing. The respondents failed to prove that the petitioner willfully deserted service. The court held that the dismissal was arbitrary, illegal, and violative of principles of natural justice. Consequently, the court quashed the dismissal order and the charge sheet, directed reinstatement of the petitioner with all consequential benefits including continuity of service and pension, and ordered the respondents to pay costs of Rs. 10,000.
Headnote
A) Service Law - Disciplinary Proceedings - Termination without Inquiry - Violation of Natural Justice - The petitioner, a police constable with 34 years of service, was dismissed without any departmental inquiry or show cause notice. The court held that such termination is arbitrary and illegal, as it violates the principles of natural justice and the mandatory provisions of the Gujarat Police Manual. (Paras 1-10) B) Service Law - Burden of Proof - Desertion - The respondents alleged that the petitioner deserted service after transfer, but failed to produce any evidence of willful absence or intent to abandon service. The court held that the burden of proving desertion lies on the employer, and mere non-joining of transfer does not constitute desertion. (Paras 11-15) C) Service Law - Reinstatement and Consequential Benefits - The court directed reinstatement of the petitioner with all consequential benefits, including continuity of service and pension, as the dismissal was found to be illegal and void ab initio. (Paras 16-20)
Issue of Consideration
Whether the dismissal of the petitioner from service without holding a proper departmental inquiry and without affording an opportunity of hearing is violative of principles of natural justice and Articles 14, 16, and 226 of the Constitution of India.
Final Decision
The court allowed the writ petition, quashed the dismissal order dated 31/12/2010 and the charge sheet dated 30/09/2010, directed reinstatement of the petitioner with all consequential benefits including continuity of service and pension, and ordered costs of Rs. 10,000 to be paid by the respondents.
Law Points
- Natural justice
- Disciplinary proceedings
- Termination without inquiry
- Burden of proof on employer
- Proportionality of punishment
