LPA/2518/2004 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD LETTERS PATENT APPEAL No. 2518 of 2004 In FIRST APPEAL No. 2 of 1992 For Approval and Signature: HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = SITA RAM CHHOTALAL BARBAR Versus STATE OF GUJARAT AND OTHERS ========================================= =Appearance : MR JA ADESHRA for the Appellant MS MITA PANCHAL, ASSTT GOVERNMENT PLEADER for Respondent(s) : 1, RULE SERVED BY DS for Respondent(s) : 2 - 3. ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD and HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 26/08/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) LPA/2518/2004 2/2 JUDGMENT 1. On the day when the appeal was admitted, the following order recording the statement was passed: “Learned counsel says that he would not press the appellant's challenge to the inquiry proceedings but submits that the Court may consider the issue of proportionality of punishment. Notice to the respondents for October 10, 2005 for final disposal of the appeal in so far as the notice of quantum of punishment is concerned. Direct service is permitted.” 2. The only question which could be gone into in this appeal is regarding quantum of punishment. The fact of second marriage having been proved, the punishment which has been awarded is the punishment of dismissal. The appellant is a police employee. That being the position, this appeal would not merit consideration. We are not inclined to interfere with the punishment awarded by the Inquiry Officer. The appeal has no force and it is dismissed. (BHAGWATI PRASAD, J.) (S.R.BRAHMBHATT, J.) omkar