CHAUGONDA SHAMGONDA PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, the petitioner is impugning order of dismissal from service passed by the Commissioner of Police and the appellate and revisional orders passed by the competent authority in relation thereto. The facts and circumstances leading to the filing of this petition are as under :

(2.) AT the material time the petitioner was working as a Head Constable attached to Bhoiwada Police Station. On 11th of June, 1987, the Commissioner of Police passed an order dismissing the petitioner from services as the petitioner was held guilty of having committed certain acts of misconduct in respect whereof a departmental enquiry was held and charges imputed to the petitioner were held proved. Being aggrieved by this order, the petitioner preferred an appeal before the Government of Maharashtra, as provided under the rules framed by the appropriate authority under the Bombay Police Act, 1951. By a letter dated 18th August, 1988, the petitioner was informed that the appellate authority had gone through the papers and come to the conclusion that out of the three charges levelled against the petitioner, two were established. It was also stated in the said letter that the order of dismissal passed by the Commissioner of Police was, therefore, substituted by an order of removal from service. As provided under the statutory rules, the petitioner preferred a revision application against the said order before the Government of Maharashtra. By a letter dated 28th February, 1989 (Exhibit `e to the petition), the petitioner was informed by the Government of Maharashtra that the said revision application was dismissed by the Government as it was of the view that the conclusions set out in the order dated 18th August 1988 passed in appeal were correct.

(3.) BY this petition filed by the petitioner on 19th April, 1989, the petitioner has challenged the above referred orders passed by the Commissioner of Police, the Appellate Authority as well as the revisional authority referred to hereinabove on various grounds set out in the petition.