NITIN JANARDHAN RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order of his dismissal from service as violative of provisions of section 26 of the Bombay Police Act and Article 311 of the Constitution of India.

(2.) BRIEFLY stated the undisputed facts are that while the petitioner was working as Police Constable in Nashik Police Commissionarate, he was deputed to guard an accused named Bakhtiyar Khan, who was undergoing treatment in Civil Hospital at Nashik. While the accused was under the guard of the petitioner and some other Constables he was escaped from the Civil Hospital, Nashik. The responsibility, according to the police department, was with the petitioner and other Constables who acted obviously negligently and therefore they were suspended and thereafter on 11-3-1993 an order was passed discharging the petitioner from the police service. The order on the face of it is one passed under Article 311, Clause (2) (b) of the Constitution. The order of discharge states that holding of departmental enquiry is not possible because the only witness of the negligence of the petitioner is the prisoner who has ran away.

(3.) AN application filed against this order of discharge before the Maharashtra Revenue Tribunal came to be dismissed. Hence after making arrangement to defend himself the petitioner has filed this petition in 1999. He has pleaded poverty, non-availability of fund and proper legal advise as the cause of the delay in approaching this Court.