HISAMUDDIN ABDUL RAHIMKAZI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner herein is a Sub-Inspector of Police who joined the services of State of Maharashtra way back on 1 st March 1967 and has been ordered to be compulsorily retired by an order dated 4th June 1987 passed by the Commissioner of Police, Mumbai after holding a departmental enquiry involving misconduct. The Petitioner preferred an internal appeal to the State Government, but the same was dismissed on 18th december 1989. He filed 'an Application to the Maharashtra Administrative tribunal. The same also came to be dismissed on 19th May 1999. He seeks to challenge all those orders and seeks reinstatement with full back wages.

(2.) The respondents to this petition are (1) State of Maharashtra (2) Deputy commissioner of Police, who conducted the enquiry (3) Commissioner of Police who passed the order of punishment (4) Director General of Police (5) home Minister (6) Joint Secretary, Home Department (7) Chief Secretary, home Department, (8) Secretary, Home Department and (9) Deputy secretary, Home Department.

(3.) The short facts leading to this petition are as follows: - a Motor Lorry bearing No. MHO-1778 laden with smuggled goods was detained at the Lower Gate of Raj Bhavan, Malabar Hill Mumbai by Sub- inspector of SRP one Shri Jaisingrao Chavan on the night of 21st October, 1984. The complaint of this Shri Chavan is the basis of the proceeding against the Petitioner. Shri Chavan in his complaint states that on that day he along with one Shri Hollar as usual left the Upper Gate of Raj Bhavan on the night round patrol at about 9. 00 p. m. When they walked down the lower drive towards the Lower Gate, they noticed one big branch of a tree fallen on the road. When they approached the tree, they saw one person standing nearby who was later on identified as one Shri Keshav Bhosale of P. W. D. and he stated that he would be removing the tree. He made a signal by hand to someone to come up from the seashore side and one person emerged who was later on identified as one Shri Sabnis, a Superintendent working in the Raj bhavan. When this Shri Sabnis was asked as to what was he doing there, shri Sabnis hurried towards the Lower Gate. When Shri Chavan and Shri hollar followed him, they saw a motor lorry near the Lower Gate with some persons running away. Shri Sabnis started running after the lorry and Shri chavan and Shri Hollar started running after him. Shri Chavan later on stopped Shri Sabnis and asked as to why he was running. Shri Sabnis stated that the lorry was containing the blankets for distributing them to the riot affected people in Bhiwandi. Shri Chavan then shouted at the people near the lower Gate and one Shri Pawar and other constables stopped the lorry, but the persons in charge of the lorry managed to run away in the darkness. Shri pawar detained Shri Sabnis, who started imploring that he may be allowed to go. Shri Chavan asked Shri Pawar to take Shri Sabnis into the guard-room and asked him to keep an eye on Shri Sabnis. Shri Chavan thereafter tried to contact the Sub-Inspector, in-charge of the Upper Gate, one Shri Prabhu and also caused a phone call to be made to the Gamdevi Police Station.