# \[name withheld\] vs District Superintendent of Police & Ors.

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2011-0046](https://datalibertarian.in/babuwatch/incident/CW-2011-0046)

## Report card

By judgment dated 12 December 2011 in Letters Patent Appeal No. 1721 of 2011 in Special Civil Application No. 22358 of 2006, the Gujarat High Court (Coram: V.M. Sahai, A.J. Desai, JJ.) upheld the disciplinary action taken against the Armed Police Constable.

- Register number: GJ 00 CW 0006
- Case reference: Letters Patent Appeal No. 1721 of 2011 in Special Civil Application No. 22358 of 2006
- Court and date: Gujarat High Court (Coram: V.M. Sahai, A.J. Desai, JJ.), 12 December 2011
- Officer(s) at the material time: Armed Police Constable
- Present service status: Not ascertained from the cited sources.
- Provisions invoked: Article 226 of the Constitution of India
- Finding of the Court (extract): “At that time, the appellant remained absent without informing the higher authority, and in view of such conduct of the appellant we are of the view that the order passed by the Inquiry Officer dismissing the appellant from the service …” (at para n/a)
- 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/107808448/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2011-0046)

**Record:** CW-2011-0046 (compiler id CWC-1211); case GAP3-49-001
**Title:** \[name withheld\] vs District Superintendent of Police & Ors.
**Court:** Gujarat High Court; judges: V.M. Sahai; A.J. Desai
**Case number / citation:** Letters Patent Appeal No. 1721 of 2011 in Special Civil Application No. 22358 of 2006
**Judgment:** 2011-12-12 (2011, day precision)
**Incident date:** 2002-03-26 (2002)
**Place:** Gujarat; force: state_police
**Category:** Other misconduct
**Sub-category:** other
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Constitution Art.226
**Officers (gated display forms):** Armed Police Constable (1 in record)
**Victims:** Not stated (0 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

The judgment of the Gujarat High Court records the following account. Armed Constable remained absent without leave from 26 March to 1 April 2002, immediately after the Godhra riots when police bandobast was in force, adding to repeated absences since September 2000 and prior fines. He filed no reply to the October 2002 charge-sheet, the inquiry proved the charges on evidence, and he was dismissed, which the appellate authority confirmed. The Single Judge upheld the dismissal, and the Division Bench agreed the inquiry was fair and absence during communal-riot duty was gross misconduct by a member of a disciplined force. Matters not addressed in the cited judgment text are not recorded here.

> At that time, the appellant remained absent without informing the higher authority, and in view of such conduct of the appellant we are of the view that the order passed by the Inquiry Officer dismissing the appellant from the service is a right decision, which has been rightly confirmed by the learned Single Judge.

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/107808448/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** misconduct
**admin subcategory:** other
**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:** n/a
**display title redacted:** \[name withheld\] vs District Superintendent of Police & Ors.
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'holds', 'corrections_applied': \[\]}
**followup status:** checked
**institutional response:** {'date': '2011-12-12', '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': 'Letters Patent Appeal No. 1721 of 2011 in Special Civil Application No. 22358 of 2006', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/107808448/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** other
**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:** Division Bench dismissed LPA, upholding dismissal of armed constable for absence during post-Godhra bandobast.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2011-0046](https://datalibertarian.in/babuwatch/incident/CW-2011-0046)