Gujarat prohibition act

Querist :
Anonymous
(Querist) 09 January 2012
This query is : Resolved
Hello sir
I am class-2 officer in govt of gujarat and i am on my probation period for 2 years.
2 months back i was arrested by police for drinking alcohol at my friends home and they have filed case under section 66(1)(b) after my duty hours at about 8 pm and i was custodial for 19 hours after that i was bailed. my question is that govt have any power to terminate my service? I was selected by Gujarat Public service commission. can i petition in hon'ble gujarat high court for stay orders? how can i get stay orders from gujarat high court. can you please answer my question? thanks
Sudhir Kumar, Advocate
(Expert) 09 January 2012
If you are convicted you are sure to be removed/dismissed (not terminated. As long as this case is pending your probation cannot be cleared and if the extension reaches maximum then Govt has no option but to terminate you. It is absolutely of no consequence if you are selected by GPSC. What stay order you want from High Court? Do you want to keep criminal proceedings against you pending for long time (even upto end of your probation period) by getting stay order? Consult your lawyer if you can get the benefit of Probation of Offenders Act so that case does not go long. REMEMBER your condition is precarious and you cannot be advised to annoy department by making useless petitions to High Court, if you are interested to get stay against termination for which you have no ground(at least as per the details given by you. Your custody was less than48 years so you are not deeded suspended. But you are guilty of departmental misconduct if you have not reported bail to deptt.
Devajyoti Barman
(Expert) 09 January 2012
1. If you do not remain in custody for more than 24 hours, the govt can not suspend you.
2. If you are under such suspension then file case in SAT.
N.K.Assumi
(Expert) 10 January 2012
Agree with the members. But I must admit that this Prohibition Act is just like a clown. Even in my State the Law is just a total failure and not a total prohibition and has become a means of making easy money. Liquor Prohibition Act is there but liquor is flowing like River that too adulterated liquors. I don't want to narrate some of the details, but it is better to lift the ban.
V R SHROFF
(Expert) 10 January 2012
Lots of Gujarat drunkards die every day, as illicit liquor is available at all villages, every corner of Gujarat.100's young lady becoming Widow daily, at her age of 30-35, with small children, and we curse this Prohibition in Gujarat State. Check Hospital Reports.
Royal Distillery, produce 100 times more liuor that whole Daman can drink , even if each person in Daman drink a Liter a day??
They produce and pushed to Gujarat.
A Mc Dowell Whisky Bottle cost Rs. 650 in Mumbai, only cost 200/- in Daman.
Each Police Inspector get Cr per Month as Hafta , and I heard , Top Politician in Gujarat get 800 cr per month from Daman Distillery.
If Daman don't vote BJP, their Distillery Business will be stopped entering Gujarat, and on this pro, Silvassa and Daman won BJP seats, where Mohan Delkar was KING, and MP for 20 years in Silvassa. is replaced by BJP Shri Natubhai Patel. Few days before Election, Narendra Modi stopped entry of Alcohol in Gujarat, and it worked in his favour. During that period, Daman Bars[ eeach filled with 500 drunkards every evening, and there are over 100.s , majority coming by their car from Gujarat!] [Maharashtra, no one go to Drink in Daman , as they know the quality is poor, all duplicate, and cause dieses., acidity liver failure ]
A Alcohol bottle manufactured of sugar molasses of Sugar Factories, Rs. 25, sold at 200 in Daman, and 600 in Ahmadabad .
Every truck load profits 70L, per turn, and there are over 150 trucks supplied all over Gujarat, earning 3000 cr Nett Profit p,m.
By passing Liquor in Gujarat. [Permit for Mt. Abu, emptied in Gujarat, with few bottls left for entry in Mt Abu]
99% of the World is Wet area, and Only Gandhi's Gujarat. a real Congressman's Gujarat , is not suppose to drink??
Corruption is there to this level. 3 cr Drunkards in Gujarat use Daman Mfg Liquor, a business of 100 cr daily. 36k crores, with Profit of 150% upon it. Whose pockets ar filled?? Who will lose if Prohibition is relaxed or declared Wet Area?? Gujarat money going out of state, and loose Excise, Sales Tax of thousands of cr.
Find out a single state where they do not sell alcohol, or do not consume it in Gujarat State. .
Nobody is punished, This Guy. a Govt servant must be a victim of someone, who want to remove or replace this poor guy. Will Police find out, who sold the Guy that Alcohol??in Prohibited Gujarat??
GE GOOD ADVOCATE AND HELP YOURSELVES.
THEY PROVED, BOTTLE WAS CONTAINING SOFT DRINK, AND BLOOD REPORT SHOWS NO CONTENT OF ALCOHOL, MANAGE BHAI,SAVE YOURSELF. YOU CAN BE SAVES, PROVED U NEVER DRANK.
N.K.Assumi
(Expert) 10 January 2012
Even in USA this so called Prohibition was clamped through out the entire USA in 1921 but could last only for 13 years.How can we do it in few pockets of State when it is thriving in the neighboring State. This prohibition act is just for fun to fool the people.
Deepak Nair
(Expert) 10 January 2012
Experts have rightly advised you.

Querist :
Anonymous
(Querist) 11 January 2012
thanks for advise u all