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SCA/3559/2011 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3559 of 2011
=========================================================
KHIMJIBHAI
KAMABHAI MAKWANA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
PARTY-IN-PERSON
for
Petitioner(s) : 1,
MR LB DABHI, ASST.GOVERNMENT PLEADER for
Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 18/03/2011
ORAL ORDER
1. This
petition under Article 226 of the Constitution of India has been
preferred by Shri Khimjibhai son of Kamabhai Makwana, who is at
present serving as Assistant Sub-Inspector of Police, with the
following prayers :
“A) Your
Lordships may be pleased to admit and allow this application;
B) Your
Lordships may be pleased to issue a writ of certiorari or any other
appropriate writ, order or direction
and further be pleased to quash and set aside the impugned order
dated 9.9.2010 passed by the Superintendent of Police, Kutch Bhuj in
DP/186/Aa.Hu/Khimji/5067/10 at Annexure-A;
or
Your
Lordships may be pleased to issue a writ of mandamus or any other
appropriate writ, order or direction
and be pleased to direct the respondent no.2 – Deputy Inspector
General of Police, Border Range, Bhuj-Kutch to decide forthwith the
appeal preferred by the present petitioner against the impugned order
annexed at Ann.:A in accordance with law.
D) Pending
admission, hearing and final disposal of this petition, Your
Lordships may be pleased to stay the implementation, execution and
operation of the impugned order dated 9.9.2010 passed by the
Superintendent of Police, Kutch Bhuj in DP/186/Aa.Hu/Khimji/5067/10
at Annexure-A;
E) Your
Lordships may be pleased to grant such other and further reliefs that
may be deemed fit and proper in the facts and circumstances of the
case;”
2. It
appears that the petitioner is facing a departmental inquiry. During
the course of inquiry, the Superintendent of Police, Kutch-Bhuj
passed impugned order dated 9.9.2010, against which the petitioner
preferred an appeal. As the petitioner is due to superannuate on
31.3.2011 and as the appeal was not decided, he approached the High
Court by filing Special Civil Application No.15233/2010. The said
petition was disposed of, by order dated 6.12.2010 with a direction
to respondent No.2 to decide the appeal dated 3.10.2010 on, or
before, 28.2.2011. The said appeal has been decided on 4.2.2011,
against the petitioner. While passing the said order the Appellate
Authority has noted that under the provisions of Section-27(A) of the
Bombay Police Act, 1951, it is not mandatory for the competent
authority to decide the Revision Application, if any, preferred
against the appellate order. As the petitioner has preferred a
Revision Application before respondent No.2 on 13.3.2011, he
apprehends that due to the above-mentioned stipulation in the order
dated 4.2.2011, the Revision Application will not be heard, or
decided, before the petitioner retires on 31.3.2011.
3. Having
heard Shri Khimjibhai son of Kamabhai Makwana, the petitioner,
party-in-person and perused the provisions of Section-27(A) of the
Bombay Police Act, there does not appear to be any legal bar in
deciding the Revision Application of the petitioner.
4. Without
entering into the merits of the case, this Court, therefore, finds it
appropriate to direct, on the facts and in the circumstances of the
case and in the interest of justice, that the Revision Application
preferred by the petitioner before respondent No.2, may be decided by
the said respondent before 31.3.2011, as the petitioner would
superannuate on that date.
The
petition is disposed of, in the above terms.
Direct
Service of this order, today, is permitted.
(Smt.
Abhilasha Kumari, J.)
~gaurav~
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