HC junks cop’s 1996 dismissal order days before due retirement

A few days before his retirement on July 31,a police constable from Surat on Thursday got relief from Gujarat High Court (HC)

A few days before his retirement on July 31,a police constable from Surat on Thursday got relief from Gujarat High Court (HC),which set aside a 1996 decision of the state government to dismiss him on the ground that he was having an illicit relationship with a woman and ordered the state to pay him all salary arrears.

Jasubhai Parmar was posted as an unarmed police constable in Surat in 1996 when a departmental inquiry was initiated against him for having an illicit relationship with a woman,murdering her and staying on unauthorised leave on the day of murder.

According to Parmars lawyer Ashish Desai,Parmar was acquitted of all the charges due to lack of evidence in the murder trial while the charge of having illicit affair was not proved in the departmental inquiry.

The charge of remaining on unauthorised leave,however,was proved against him and as punishment,one of his salary increments was stopped,Desai said.

Parmar challenged this decision of the district superintendent of police before the appellate authority,the deputy inspector general of police (DIG).

Without hearing Parmar,the DIG decided that the charges of illicit relationship with a woman and remaining on unauthorised leave were proved. Subsequently,he was dismissed from the job in 1996, Desai said.

Parmar moved the HC,where a single-judge bench rejected his petition. He then challenged it before a division bench comprising Chief Justice Bhaskar Bhattacharya and Justice J B Pardiwala,which allowed Parmars petition on Thursday and ordered to set aside his dismissal.

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The court also ordered the state government to reinstate him with payment of all back wages.

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