R K JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writt petition is directed for quashing the order, passed on 28th May, 1982 by the Home Department, State of maharashtra and it also seeks declration that the petitioner is entitled for pay and allowances during the period of 27th December, 1973 to 31st july, 1978, which he would have got had he not been suspended.

(2.) IT would be profitable to take a short resume of the facts at the very outset to come to the controversy of the point and to know the background of the dispute. The petitioner-Jadhav, now retired Dy. S. P. was working as P. S. I. at Ambora Police Station, tq. Ashti in 1972 and in that capacity, he was looking after the investigation in crime No. 75/72 for the offences under Sections 302, 147, 123 of the Penal Code. That case was subsequently entrusted for re-investigation to Shri Holkar, a c. I. D. Officer. The trial ended in acquittal and the appeal taken by the state Government to the High Court of Judicature at Bombay was summarily dismissed. During the re-investigation, taken by Inspector holkar, in the original investigation carried out by Jadhav, his lapses were noted his favouratism to the accused was found and his partiality was traced. The matter was reported to the Higher Authorities and thereafter the charge-sheet against the petitioner and others was filed by shri Holkar for the offences under Sections 218 and 120-B of the Penal code in the Sessions Court at Beed.

(3.) AFTER trial, that Sessions Case No. 79/74 ended in acquittal and the State went in appeal and the appeal was allowed and the petitioner and his colleagues were convicted. During the trial, the petitioner was kept under suspension by the respondent-State of Maharashtra through the Home Secretary. The petitioner went in appeal to the Supreme Court and allowing the appeal the Supreme Court acquitted the petitioner.