ANIL DATTATRAY PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner, who is a Sub-Inspector of Police directly recruited in the year 1990 in the Maharashtra Police, has principally prayed through the present writ petition, preferred under Article 227 of the Constitution of India, that the respondents be directed to consider his name, along with those of the other officers and constables who have been recommended for Sanman Chinha (Insignia) of the State of Maharashtra for the incident which took place on 23-6-1998 at Ravindra Hotel, Dahisar (E), Mumbai.

(2.) THE factual matrix in brief, from which this petition arises, is as under: on 23-6-1998 at about 6. 50 p. m Police Constables Anant Phanse and Navnath Shelar (dead) intimated the petitioner on telephone, who at the said time was posted as police Sub-Inspector at Dashisar Police Station, that the gangster Fakru, residing at Goregoan and two other persons had come to Ravindra Hotel on S. V. Road and were on the verge of committing offence. On receiving the said information, the petitioner alongwith API Hemant (Patel), PCs Dadu Govilkar, Pradeep Kadwadkar, Subhash Janga Palle, Anant Phanse, Navnath Shelar and Vilas More left for Ravindra Hotel. Police Constables Anant Phanse (Kanse) and Dadu Govilkar caught hold of a person who later on disclosed his name as Janardhan Ramchandra Pasi. The petitioner noticed that he was trying to take out a firearm from his person. He pounced upon him and disarmed him by removing his pistol which he produced at the Police Station. After taking out the pistol the petitioner noticed that Police Constables Vilas More and Navnath Shelar had caught hold of the other associate of Janardhan Pasi. To look for other associates of Janardhan Ramchandra Pasi the petitioner went towards the main gate of the hotel. In the meantime, a bomb explosion took place. The bomb was exploded by Janardhan Pasi. It had been concealed by him in a plastic bag under his vest. In the meantime, the petitioner turned back to take charge of Janardhan Pasi who had been detained by Police Constables Anant Phanse and Dadu Govilkar on the road. He ordered that he be taken to the Police Station but he escaped from the clutches of the police. However, he was apprehended by the public which had gathered there and brought to the Police Station. Thereafter, the petitioner noticed that constables Vilas More and Navnath Shelar were seriously injured and the person who had been arrested had also been seriously injured. The petitioner also suffered blunt weapon injuries on his stomach and chest. The said persons and the petitioner went to Bhagwati Hospital where they were medically examined. At the said hospital constables Vilas More and Navnath Shelar were declared dead. Thereafter, on the same day (23-6-1998) the petitioner lodged the F. I. R. of the incident at Dahisar Police Station and on its basis C. R. No. 303/1998, under sections 302, 307 and 333 r/w section 34 of the Indian Penal Code r/w sections 4 and 5 of the Indian Explosive Substances Act and sections 3 and 25 of the Arms Act was registered. Afterwards the investigation of the said C. R. was taken over by the Crime Branch Department, Unit-X. After the incident, the petitioner remained in touch with API Hemant (Patil) to find out the position in respect of the gallantry award. He was informed that the papers were sent to the Deputy Commissioner of Police (DCP), Zone-X. He also met the DCP Mr. Venketeshan to find out the position of the gallantry award and the latter informed him that he had recommended all the officers and constables who had participated in the incident for gallantry award. Senior Police Inspector Mr. Lembe also told the petitioner that he had been recommend for the gallantry award. Thereafter, the petitioner made several enquiries about the movement of the file wherein his name had been referred for gallantry award and sent repeated remainders to the authorities who, from time to time, told him that his name had been referred and he would be informed about the same. Thereafter, on 16-6-1999 he submitted a detailed application to the then Home Minister and the Deputy Chief Minister of Maharashtra, Mr. Gopinath Munde. Thereafter, he learnt that his name had been excluded from the list of gallantry award and others who had participated alongwith him in the incident dated 23-6-1998 had been recommended for the Sanman Chinha. Aggrieved by this discrimination, the petitioner preferred Writ Petition No. 935 of 2000 in this Court but vide order dated 1-8-2000 a Division Bench of this Court (Coram: P. S. Patankar and S. S. Parkar, JJ.) dismissed the said writ petition on the ground that it was filed on the misconceived premise that the petitioner had not been recommended for gallantry award while six others persons had been recommended for the said award. It is in these circumstances that the petitioner has preferred the present petition. In this Court on behalf of the respondents two affidavits, namely those of Shriranjan Inamdar, Senior Inspector of Police, Dahisar Police Station and Kiran Ramchandra Shelar, Deputy Commissioner of Police, were filed. Therein reasons were furnished as to why the petitioner was not entitled for Sanman Chinha (Insignia ).

(3.) WE have heard Mr. V. T. Tulpule for the petitioner and Mr. I. S. Thakur for the respondents. The principal submission canvassed by Mr. Tulpule is that the petitioner has been discriminated against because after going through the confidential record the DCP, Zone-X, recommended persons, who were accompanying the petitioner, namely Hemant Patil, API, PCs Pradeep Kadwadkar, Dadu Govilkar, Anant (Kanse) and Subhash Palle for Director General Insignia under Government Resolution No. PMD 1290/2244/pr No. 91/pol-1 Mantralaya, Mumbai-32, dated 22-7-1992, and Vilas More and Navnath Shelar (Posthumoulsy) for the said Insignia but did not recommend the petitioner. Mr. Tulpule urged that this has violated the petitioners fundamental right of equality, guaranteed by Article 14 of the Constitution.