NAJAMAL HUSSAIN MEHADI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Though this appeal is directed against the order of the Administrative Tribunal, Bombay dated 24-3-1994, wherein the legality of the Government order transferring the appellant from one place to the other within Bombay and the consequential direction to vacate the quarter is under challenge on going through the materials on record this Court on being satisfied that a straightforward police officer was being harassed by his superior officers at the behest of the proprietor of a hotel and bar issued notice to the Senior Inspectors Shri Tike and Shri Raghuvanshi, as well as to the Deputy Commissioner of Police Shri K. Ramachandran to file their show cause as to why appropriate strictures should not be made against them. The Court had also issued notice to the State of Maharashtra to indicate why Government action of imposing penalty and punishment on the appellant should not be considered to be illegal.

(3.) The appellant's case in nutshell is that as Police Inspector he was attached to Kurla Police Station in 1976 and had been allotted a quarter in Kurla West in Block No. 2 in the year 1979. Between 1979 to 1990 though the appellant had been transferred to various Police Stations within Bombay but his residential quarter remained the same in accordance with the Government policy for allotment of quarters. In 1990 he was posted at Nehru Nagar Police Station, Kurla East and near the Police Station lies Hotel Naina. The said hotel and its proprietor Shri Arun Shetty was indulging in several illegal acts in flagrant violation of the rules. Having high connections with senior Police Officers no action was being taken against the hotel. While the appellant was discharging his official duties as Inspector of Police Nehru Nagar Police Station, Kurla, he received certain complaints against the hotel and raided the hotel premises and had also recommended for cancellation of the licence of the said hotel. The Manager of the Hotel then lodged a complaint against the appellants making several false allegations and on the basis of the said complaint the appellant was fined, which of course, ultimately was set aside by the Maharashtra Government on an application being filed by the appellant. To prevent the appellants from discharging his official duties an order was passed by the Senior Inspectors of Police Shri Tike that the hotel in question will be checked only by the officers above the rank of Police Inspector. Shri Arun Shetty, the Manager of the hotel again made a complaint against the appellant in July 1993 which complaint was referred to Lokayukta. Said Lokayukta conducted an ex parte enquiry and after recording the statements of the senior Inspector of Police and the Assistant Commissioner of Police who were against the appellant, a report was given by Lokayukta on the basis of which the appellant was transferred from Kurla to Bhoyawala Police Station. The appellant submitted his representation against the aforesaid transfer but was of no consequence. On 28-12-1993 the Assistant Commissioner of Police asked the appellant to vacate his quarter by 31-12-1993. The appellant apprehending dispossession from the quarter filed an application before Central Administrative Tribunal challenging the order on the ground of mala fides. The Tribunal by the impugned order dated 24-3-1994 dismissed the same and thus this Appeal by Special Leave.