PARAM BIR SINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner, who was the Commissioner of Police, Mumbai, at the relevant time, has instituted this petition under Article 226 of the Constitution of India for a two-fold relief. One, direct respondent no.2 - CBI to also inquire/investigate into the criminal conspiracy and malicious attempts to thwart the preliminary inquiry directed by this Court and the resultant investigations in FIR No.RC 2232021 A003, dated 21 st April, 2021, registered against the then Home Minister, Government of Maharashtra and unknown others. Two, quash and set aside orders dated 1st April, 2021 and 20th April, 2021 issued by respondent no.1 - State, directing respondent no.3, the Director General of Police, Maharashtra to conduct preliminary inquiry against the petitioner and submit report.

(2.) When the petition was listed before this Court on 4 th May, 2021, a preliminary objection was raised on behalf of respondent no.1 - State to the tenability of the petition as the subject matter and principal reliefs in the petition were in the realm of exclusive jurisdiction vested with the Central Administrative Tribunal.

(3.) In the backdrop of the preliminary objection, we are called upon to consider the maintainability of the petition before this Court.