# Vadodara Police Police Constable vs State of Gujarat

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2004-0003](https://datalibertarian.in/babuwatch/incident/CW-2004-0003)

## 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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/519548/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2004-0003)

**Record:** CW-2004-0003 (compiler id CWC-0757); case GUJARA-013
**Title:** Vadodara Police Police Constable vs State of Gujarat
**Court:** Gujarat High Court; judges: Akil Kureshi
**Case number / citation:** Special Civil Application No. 11503 of 1994
**Judgment:** 2004-09-06 (2004, day precision)
**Incident date:** 1988-06-21 (1988)
**Place:** Vadodara, Gujarat; city town: Vadodara; police station or unit: City Police Station, Baroda (Vadodara); force: state_police
**Category:** Other misconduct
**Sub-category:** dereliction evidence tampering
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Officers (gated display forms):** Police Constable, Lock-up guard, City Police Station, Baroda (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

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.

> 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 this would be a very serious lapse on the part of the petitioner.

**Sources (2):** [indiankanoon.org](https://indiankanoon.org/doc/519548/); [archive.org](https://archive.org/download/india.highcourt.judgement.gjhc240168491994/GJHC240168491994.pdf)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** dereliction_evidence_tampering
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** 6
**display title redacted:** Vadodara Police Police Constable vs State of Gujarat
**followup status:** never_checked
**institutional response:** {'date': '2004-09-06', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Gujarat High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Gujarat High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': 'Special Civil Application No. 11503 of 1994', 'recheck': 'Not yet re-checked.'}
**link checked per url:** {'url': 'https://indiankanoon.org/doc/519548/', 'link_checked': None}; {'url': 'https://archive.org/download/india.highcourt.judgement.gjhc240168491994/GJHC240168491994.pdf', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** dereliction evidence tampering
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** HC rejected challenge and upheld removal of lock-up guard for gross negligence letting detainee escape.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2004-0003](https://datalibertarian.in/babuwatch/incident/CW-2004-0003)