STATE OF MAHARASHTRA Vs. ABDUL GAFFOR ABLIUDIL KARIM

JUDGEMENT

(1.) An armed police constable in the police constabulary in service since 1950 had to land himself not only in facing a prosecution hut also in suffering a conviction and on account of order of transfer which he did not comply. The respondent herein has been in service from 1950. Prior to April 28, 1977 he was in armory cell of Raigad district at Alibag, and thus was working as armed police constable in that cell. On April 28, 1971 he was transferred from Alibag to Mahad Police station not as armed police constable but as regular police head constable, and he was asked to report to Mahad Town Police Station on 7th June 1977. The respondent failed and did not report. He was issued notice to join his duties at Mahad by 25th August 1977. Then also he did not report. Therefore, on 3rd January 1980 a complaint came to be filed against the respondent under section 145 of the Bombay Police Act for having committed breach under section 29 of the said Act for withholding himself from the duty, This is the subject matter of Criminal Case No. 10 of 1980 before the learned Judicial Magistrate, First Class, Mahad.

(2.) According to the respondent as disclosed in his report, he had not withheld from the duty since he felt and was convinced that the impugned order was not sustainable in law as according to him he has been absorbed and has been working as an armed police constable for years together and his transfer to a place where there has been no armed constabulary was not permissible. In any event alternatively atleast he felt that that would amount to demotion and he therefore, as soon as he received the order of transfer, brought this to the notice of the higher-ups and made representation to different forums though his representations were not decided one way or the other and he was hoping to get a favorable decision therein and it is on that count alone that he did not join the duties.

(3.) The learned trial Magistrate convicted the respondent under section 29 read with section 145(2) (b) of the Bombay Police Act and sentenced him to pay a fine of Rs. 501- in default to suffer simple imprisonment for one day.