CW-2004-0003Vadodara, GujaratJudgment 6 September 2004

Vadodara Police Police Constable vs State of Gujarat

The Gujarat High Court upheld the removal from service of Police Constable, lock-up guard at Baroda City police station, who on 21.06.1988 single-handedly took detainee Nazirkhan Pathan to the toilet without informing the station officer, left the door unbolted and unguarded, and let the accused escape. The Court termed the conduct gross negligence and dereliction of duty shocking for a police officer, held the criminal acquittal on the distinct charge of deliberate facilitation did not conclude the disciplinary matter, and found removal commensurate given two prior proved serious misconducts. The petition was rejected and the Rule discharged. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 6 September 2004 in Special Civil Application No. 11503 of 1994, the Gujarat High Court (Coram: Akil Kureshi, J.) upheld the disciplinary action taken against the Police Constable, Lock-up guard, City Police Station, Baroda.

Register number
GJ 06 CW 0004
Case reference
Special Civil Application No. 11503 of 1994
Court and date
Gujarat High Court (Coram: Akil Kureshi, J.), 6 September 2004
Officer(s) at the material time
Police Constable, Lock-up guard, City Police Station, Baroda
Present service status
Recorded in the cited sources as removed from service.
Provisions invoked
Not stated in the cited sources
Finding of the Court (extract)
“In the present case, I find that the petitioner was held to have committed serious misconduct of gross negligence whereby a person who was accused in criminal case was allowed to escape from the Police lock-up. As a Police Constable …” (at para 6)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Gujarat High Court judgment dated 6 September 2004 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“In the present case, I find that the petitioner was held to have committed serious misconduct of gross negligence whereby a person who was accused in criminal case was allowed to escape from the Police lock-up. As a Police Constable …” (para 6)

Institutional response

1
6 Sep 2004

Order issued

Concluded
Gujarat High Court External · Binding

The Gujarat High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: Special Civil Application No. 11503 of 1994
Not yet re-checked.

Follow-up history

0
Not yet re-checked.

No published follow-up check has been recorded for this incident.

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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