The procedural lapses by a senior police officer have led to the Maharashtra Administrative Tribunal (MAT) setting aside an order of Thane superintendent of police (rural), dismissing two policemen from service on the ground that they were facing a case of insulting and outraging the modesty of a woman in a public place.
The MAT bench said that the duo ought to have been given a proper chargesheet in a disciplinary proceeding and also should have been given an opportunity to defend themselves.
“Services of both policemen could not have been dispensed with by a summary dismissal order as sought to be done by the respondent (Thane SP) and also because it was ex-facie contrary to the Constitution of India,” said a MAT bench headed by chairman Justice S. Radhakrishnan.
Merely because a criminal case is filed against a police head constable or a police naik cannot be a ground for summary dismissal, the bench said in a recent order.
The orders of the superintendent of police dismissing head constable Sanjay Pachange and police naik Hiraman Thakare are patently violative of provisions of article 311 (2) of the Constitution, ruled the bench.
The bench, however, said that the respondent was at liberty to adopt appropriate disciplinary proceedings against the applicants (constables) strictly in accordance with law.