RAMKISHOR LAXMINARAYAN PANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this writ-petition the petitioner who was a probationary Sub-Inspector serving at the City Chowk Police Station, Aurangabad, challenges the order of his termination of service by the Deputy Inspector General of Police, Aurangabad duly confirmed both by the Inspector General cf Police in the appeal befoie him and by the State Government in the revision filed before it and it arises out of the following facts.

(2.) Petitioner R. L. Pande joined the State service as Police Head- Constable on 28th February. 1969 and he worked as police head-constable uppto 1970. On 28-12-1970, he was selected for training for the course of police sub-inspector at the Police Training School, Nasik. From 1-1-1971 upto the end of 30th June, 1972, the petitioner was actually having training in the Police Training School, Nasik. After his training was over, he was posted as probationary police sub-inspector at City Chowk Police Station from 1-7-1972 and on the material date i. e. 14th July, 19/2, he was working as a probationary police sub-inspector at the City Chowk Police Station, Aurangabad. At about the same time, Deputy Superintendent of Police (Dy. S. P.) Gaikwad was also posted at Aurangabad. Police constable Vishwambhar Wagh and police constable Bhivsan Wagh were also working at the City Chowk Police Station at Aurangabad. It was one of the duties of police constable Bhivsan Wagh to obtain the thumb marks of the culprits that were brought to the Police Station.

(3.) On 14-7-1972, Dy. S. P. Gaikwad laided the house of one Shankar Acharya at about 4.30 p. m. situated in Johari Wada at Aurangabad in Order to take search for offence under the Prohibition Act. Police constable Vishwambhar Wagh was one of the members of the raiding party. After the search was taken in the presence of the pancbas, the panchnama was to lie drawn and police sub-inspector Pande, the petitioner, was called through one constable. One police sub-inspector Kine asked the petitioner Pande to go to the place saying that he was called there by the Dy.S. P. Police constable Vishwambhar Wagh conducted petitioner Pande to the scene of offence and a panchnama of the articles seized under the Prohibition Act was drawn there at about 9 p. m. Shankar Acharya and one Sunder Pujari ware arrested and were brought to the City Chowk Police Station at about 11.30 p.m. and they were handed over in the custody of police head- constable Mhaske who was the Police Station Officer at that time, py. S. P. Gaikwad then left the Police Station.