BHAURAO DAGDAGU THAKUR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This second appeal referred to this Division Bench raises a short question about the effect of the order of acquittal recorded in favour of a public servant on the departmental proceedings instituted against him on the basis of the same facts. The appellant was recruited to the armed constabulary of the then State of Bombay on or about June 20, 1940. On August 1, 1941 he was transferred to the unarmed police force and in due course came to be posted at Nawapur Police Station on or about May 1, 1957 as constable. In the year 1958 he was assigned the duty of detecting gambling cases. It appears that two or three cases detected by him ultimately resulted in conviction and in one such case one Magan Bhika was tried and convicted on March 27, 1958.

(2.) However, on April 14, 1958 on the complaint of one Limji, P.S.I. Anti-corruption Police laid a trap and the accused was caught red-handed, while accepting bribe of Rs. 5 from the said Limji. After investigation he was tried before the Special Judge at Dhulia in Special Case No. 4 of 1958 for offence under S. 161, Indian Penal Code and Acquitted on November 8, 1958. No appeal was preferred by the State against this order of acquittal. However, departmental proceedings were instituted against him by framing a charge on February 11, 1959 calling upon him to show cause why he should not be dismissed on account of his having accepted bribe of Rs. 5 on April 14, 1958 from the said Limji. S.D.P.O., Nandurbar, held the inquiry as inquiry officer against the appellant and on his report dated April 26, 1959 the District Superintendent of Police, Dhulia, passed an order of dismissal, after giving second opportunity to him to show cause against the proposed action. His appeal to the Deputy Inspector General of Police was dismissed on August 8, 1959 and his revision to the State also was rejected by the State Government on May 21, 1960. He, therefore, instituted the present suit on October 16, 1961, for a declaration that the order of dismissal passed against him was void and unenforceable and for a further declaration that he continued to be in service. He also asked for a decree for arrears of his salary. The Civil Judge, Senior Division, Dhulia, decreed his suit on March 26, 1962. However, on appeal by the State, the Extra Assistant Judge, Dhulia, allowed the same and the decree passed in his favour was set aside on October 4, 1963. The legality and validity of this judgment and decree is challenged in this second appeal.

(3.) Mr. Khare, the learned advocate for the appellant, contends that the order of dismissal is not based on any evidence. This contention is untenable. Complainant Limji and two panchas Hirji and Waman appear to have been examined by the inquiry officer, as also the P.S.I. Ranade. The D.S.P. relied on their evidence. It is true, that his observation that acquittal was based on technical ground is incorrect. The judgment of the Special Judge shows that he refused to rely on any of these witnesses. He has discussed a number of infirmities. The D.S.P.'s order does not even advert to them. Much could have been said against such a mechanical recording of finding. But the order of the Deputy Inspector General of Police in appeal makes up all these defects. His order shows that infirmities referred to by the Special Judge were present to his mind. He considered the evidence of panachas with caution. He chose to rely on the evidence of P.S.I. Ranade along with certain circumstances. After the merger of the order of the D.S.P. in the appellate order of the Deputy Inspector General of Police, defects therein do not require any consideration. Adequacy or quality of such evidence is not open to question in suit proceedings challenging such orders of dismissal. Thus the order of dismissal cannot, therefore, be struck down as being based on no evidence.