STATE OF MAHARASHTRA Vs. MANOJ PRABHAKAR LOHAR

JUDGEMENT

(1.) This petition filed by the State of Maharashtra through the Home Department impugns the judgment and order dated 18th August, 2010 passed by the Maharashtra Administrative Tribunal ('Tribunal' for short) in Original Application No.335 of 2010.

(2.) The respondent was selected as Deputy Superintendent of Police on 1st March, 1996 and on 30th May, 2009, he came to be posted at Chalisgaon, on promotion to the post of Additional Superintendent of Police. On the basis of a private complaint filed by Dr. Uttam Mahajan against the petitioner and on preliminary investigation, C.R. No. 145 of 2009 came to be registered against him for the offences punishable under Section 347, 364- A, 385 and 504 r/w Section 34 of the Indian Penal Code on 16th July, 2009. Immediately, on the next day i.e. on 17th July, 2009 he came to be transferred from Chalisgaon but he was not given any posting. He waited for few months for the posting orders during which period he was not paid his salary and, therefore, as a last resort he filed Original Application No.24 of 2010 before the Tribunal. On 11th January 2010, the said Original Application was disposed off by directing the State Government to issue the posting order within a week. The said order passed by the Tribunal came to be challenged in Writ Petition No.540 of 2010. It appears that before the State Government filed Writ Petition No.540 of 2010, a Review Petition was filed in the Original Application No.24 of 2010 but there was no order passed on the same. In Writ Petition No.540 of 2010, this Court granted ad-interim stay on 21st January, 2010. Finally on 11th February, 2010, Writ Petition No.540 of 2010 was allowed to be withdrawn with liberty to proceed with the review petition pending before the Tribunal.

(3.) The respondent filed Contempt Petition No. 11 of 2010 in Original Application No.24 of 2010, as he was not given posting order and was continued without salary. When the said Contempt Petition came up before the Tribunal, it was stated by the respondent that he had received the salary from July, 2009 to January, 2010. A copy of the order dated 6th March, 2010 was also placed before the Tribunal and as per the said order the respondent was given his posting as Superintendent of Police, State Police Control Room in the Office of the Director General of Police, Maharashtra State, Mumbai. The said order further states that the respondent - applicant would be deemed to have taken charge of the said post with effect from 27th January, 2010 and would get salary from the said date. It was under these circumstances, the Contempt Petition was disposed off on 9th March, 2010.