SATISH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

(2.) The petitioner is a Talathi, who is facing difficulties, in discharging his duties particularly in preventing large scale illegal mining of sand for the purpose of manufacturing bricks in his jurisdiction, from anti social elements. According to Shri Ghuge, learned Counsel for the petitioner, though petitioner has made representations to his superiors for Police protection in respect of the threats which he has been receiving from anti social elements, he has not been granted the due protection, as a result of which, he finds it difficult to discharge his duties. The learned Counsel for the petitioner relies on Rule 3 of the Maharashtra Civil Services (Conduct) Rules, 1979, which reads as follows :

(3.) In the present case, the respondents have not pleaded that the petitioner's case is not genuine. It seems that there has been complete inaction on the part of the petitioner's superior Officers in spite of requests made by the petitioner on 10/8/2011, 16/8/2011 and 16/12/2011 giving sufficient details of the threats, which he has been receiving to deter him from stopping illegal mining operations. The petitioner appears to be acting in discharge of his duties and trying to solve the serious problem of illegal sand mining, which is being faced by entire State, in his own jurisdiction. In fact, it would be appreciable if all such Officers entrusted with these obligations, discharge their duties with the same sincerity and zeal. It is well known that law enforcement Officers have been facing threats to their well being and even life when they are attempting to discharge their duties, particularly against organized illegal operations in various sectors.