LAWS(BOM)-2013-2-199

GANESH JAIRAMJI RAYT Vs. STATE OF MAHARASHTRA

Decided On February 28, 2013
Ganesh Jairamji Rayt Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. Rule. Rule returnable forthwith. Heard finally by consent of learned counsel for the parties. In the present application, there is a challenge to the First Information Report in Crime No. 188/2010 registered with Police Station, MIDC, Nagpur dated 03.01.2011 for an offence punishable under sections 107, 119, 120B, 191, 202, 420, 465, 466, 471 and 472 of the Indian Penal Code.

(2.) The applicant is a retired Police Inspector, having been retired on 05.06.2012. He was appointed on 03.05.1976 as Armed Constable in State Reserve Police Force (SRPF) Group-IV from Open category. He belongs to the caste 'Kunbi' i.e. OBC. On 04.04.1985, he was promoted as Head Constable and, thereafter, on 06.02.1992, the Police Department promoted him as Police Sub Inspector (Wireless). Thereafter on 13.11.2002, he was promoted as Police Inspector. The next post of promotion was Dy. Superintendent of Police. On 01.03.1996, a gradation list of the departmental employees was circulated and objections were called. In the gradation list, that was circulated, the applicant found that his caste was wrongly mentioned as 'Gond (ST)' so also his educational qualification was shown as 'SSC Pass' when, in fact, he was B.A., B.Ed. Having noticed the said mistake, he raised an objection on 06.06.1996 pointing out those mistakes and sought correction and the department, accordingly, corrected those entries. On 21.03.1997, however, the applicant was served with a demotion order on the ground that his caste was wrongly mentioned as 'ST'. The applicant, therefore, approached Maharashtra Administrative Tribunal (MAT) against the said order of demotion. The MAT granted stay of the order of demotion. Finally, the tribunal decided the application on 23.11.2000 and set aside the order of demotion and as such the applicant continued to work as Police Inspector. The department did not challenge the said order of MAT nor took any action against the applicant. Thereafter, on 05.11.2009, the police department recommended the applicant for being promoted the post of Dy. Superintendent of Police looking to his unblemished record. However, in the meanwhile, on 19.10.2010 at Police Station MIDC, Crime No. 188/2010 was registered against the applicant with an allegation that the applicant had illegally, with the help of some officers of the department, made corrections in his Service Book in the name of his caste as Kunbi (Gond/Goud/ST). The applicant, therefore, applied on 25.01.2011 for supplying copies of documents, which he had allegedly submitted or forged but the applicant was given an answer that no such documents are in the custody of the department vide letter dated 25.01.2011 and that is how the present application has been filed.

(3.) In support of the application, the learned counsel for the applicant made the following submission.