CHANDRAKANT K PATIL Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, petitioner seeks to challenge Order of dismissal dated 23rd July 1990 passed by Bombay Port Trust after holding disciplinary proceedings.

(2.) THE facts giving rise to this Writ Petition, briefly, are as follows :-

(3.) PETITIONER joined Bombay Port Trust (BPT) as a watchman in 1982. During the night-duty commencing from 11. 30 p. m. on 8th May 1987 upto 9. 30 a. m. on the next day on 9th May 1987, incident of theft of nineteen pieces of machinery took place at Frere Basin Gate of B. P. T. In this incident of theft, two other watchmen were involved. Their names were Worlikar and Tanwade. Petitioner was posted as a watchman at Frere Basin Gate. Tanawade was also posted as a watchman at Frere Basin Gate. Worlikar was posted as a watchman at Wadi Bunder in the same shift. Worlikar, Tanawade and the petitioner were seen by Police Constable viz. Shri Shelke who was on duty in the said area on 9th May 1987 at 7. 45 a. m. The Police Constable Shri Shelke found the movements of the three watchmen referred to above to be suspicious. Therefore, he enquired about the two hand-bags in their possession. On enquiry P. C. Shelke came to know that the bags contained machinery parts belonging to B. P. T. At this stage petitioner entreated police Constable Shelke to excuse and not to take further action against Worlikar and Tanawade. However, since the property was stolen property, P. C. Shelke decided to inform Yellow Gate police Station. Thereafter, P. C. Shelke asked a private Security Watchman of B. P. T. to call P. C. Kolhekar who was on duty on that day at the Main Gate. After the arrival of P. C. Kolhekar, Shri shelke requested P. C. Kolhekar to keep watch on all the three persons viz. Worlikar, Tanawade and the petitioner and also keep a watch on the hand-bags found by P. C. Shelke. At the stage, petitioner was present. Petitioner once again requested P. C. Shelke and P. C. Kohlekar to free, both Worlikar and Tanawade and not to report the matter to the police. However, P. C. Shelke refused to oblige the petitioner and went towards the Main Gate and narrated the incident to the shed Superintendent Shri Amberkar. Thereafter P. C. Shelke reported the matter to the Police on telephone. At at stage P. C. Kolhekar came running and told P. C. Shelke that Tanawade and worlikar had fled on a Motorcycle. Thereafter, P. C. Shelke, Shed Superintendent Amberkar and p. C. Kolhekar returned to the spot. Thereafter P. C. Shelke filed his complaint at the Yellow gate Police Station on the same day. On 11th May 1987, Criminal Case No. 422/p/1987 was filed against the accused. Petitioner herein was accused No. 1 in the said Criminal Case. In the criminal case, Petitioner was charged for theft. He was also charged for abetment of theft. Petitioner was also, in the criminal case, charged for the offence of obstructing the Police Officer in the matter of performance of duty. The basic charge with regard to Criminal Offence against the petitioner was of theft and abetment of theft by Worlikar and Tanawade. On 19th May 1988, b. P. T. issued chargesheet. For the sake of clarity, charge No. I, II and IV are reproduced hereinbelow :