Case Note & Summary
The petitioner, Homdeo s/o Haribhau Kanake, was a Head Constable in the Maharashtra Police. He was charged with two acts of misconduct: (1) leaving his headquarters for Nagpur without obtaining oral or written permission and remaining absent on 1.11.1997, and (2) participating in a convention organized by a dismissed Police Constable, Shri Rameshwar Mohod, under the banner of an unofficial organization called Maharashtra Police Kalyankari Sanghatana, and making provocative statements against the Police Department and its officers. These acts were alleged to be in breach of Rules 3, 5, 7, and 9 of the Maharashtra Civil Services Conduct Rules, 1979. A departmental enquiry was conducted, and the petitioner was found guilty. The disciplinary authority imposed the punishment of dismissal from service. The petitioner challenged the enquiry and punishment before the Maharashtra Administrative Tribunal, which dismissed his application by order dated 23.11.2000. Aggrieved, the petitioner filed a writ petition before the Bombay High Court. The High Court heard the parties and considered the submissions. The court noted that the charges were serious and involved unauthorized absence and participation in an unofficial organization's convention with provocative statements. The court held that the departmental enquiry was properly conducted and the findings were based on evidence. The court further held that the punishment of dismissal was not disproportionate to the misconduct. Consequently, the High Court dismissed the writ petition, upholding the order of the Tribunal and the punishment imposed on the petitioner.
Headnote
A) Service Law - Misconduct - Police Constable - Unauthorized Absence - The petitioner, a Head Constable, was charged with leaving headquarters without permission and remaining absent on 1.11.1997, and participating in a convention organized by an unofficial organization called Maharashtra Police Kalyankari Sanghatana, making provocative statements against the Police Department. The court held that the charges were proved and the punishment of dismissal was proportionate. (Paras 2-4)
B) Service Law - Conduct Rules - Maharashtra Civil Services Conduct Rules, 1979 - Rules 3, 5, 7, 9 - The petitioner's actions of unauthorized absence and participation in an unofficial organization's convention with provocative statements violated the Conduct Rules. The court upheld the findings of the departmental enquiry and the Tribunal's order dismissing the petitioner's application. (Paras 3-4)
Issue of Consideration
Whether the punishment of dismissal imposed on the petitioner for unauthorized absence and participation in an unofficial organization's convention was proportionate to the misconduct.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Administrative Tribunal and the punishment of dismissal imposed on the petitioner.
Law Points
- Misconduct
- Police Constable
- Unauthorized Absence
- Unofficial Organization
- Maharashtra Civil Services Conduct Rules
- 1979
- Rules 3
- 5
- 7
- 9
- Departmental Enquiry
- Punishment
- Proportionality
Case Details
2010 LawText (BOM) (01) 446
Writ Petition No.2887 of 2001
S.A. Bobde, Smt. Vasanti A. Naik
Shri A.M. Gordey for the petitioner, Shri N.W. Sambre, Government Pleader for the respondents
Homdeo s/o Haribhau Kanake
The State of Maharashtra, The Director General of Police, Maharashtra State, Mumbai, The Special Inspector General of Police, Amravati Division, Amravati, The Superintendent of Police, Yavatmal, The Sub-Divisional Police Officer, Pandharkawada, The Presiding Officer, Maharashtra Administrative Tribunal, Bench at Nagpur
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Administrative Tribunal dismissing the petitioner's application against the departmental enquiry and punishment imposed on him.
Remedy Sought
The petitioner sought to quash the order of the Tribunal and the punishment of dismissal imposed on him.
Filing Reason
The petitioner was dismissed from service after a departmental enquiry found him guilty of unauthorized absence and participation in an unofficial organization's convention with provocative statements.
Previous Decisions
The Maharashtra Administrative Tribunal dismissed the petitioner's application by order dated 23.11.2000.
Issues
Whether the charges of unauthorized absence and participation in an unofficial organization's convention were proved in the departmental enquiry.
Whether the punishment of dismissal was proportionate to the misconduct.
Submissions/Arguments
The petitioner argued that the departmental enquiry was not properly conducted and the punishment was disproportionate.
The respondents supported the enquiry and punishment, submitting that the charges were serious and the punishment was justified.
Ratio Decidendi
The court held that the charges of unauthorized absence and participation in an unofficial organization's convention with provocative statements constituted misconduct under the Maharashtra Civil Services Conduct Rules, 1979, and the punishment of dismissal was proportionate to the gravity of the misconduct.
Judgment Excerpts
The petitioner has challenged the order of the Maharashtra Administrative Tribunal dated 23.11.2000 dismissing the petitioner's application preferred against the departmental enquiry conducted against him and the punishment imposed on him.
The petitioner was working as a Head Constable and was charged with - (1) leaving for Nagpur without obtaining oral or written permission to leave the Headquarters and unauthorisedly remaining absent on 1.11.1997 and (2) participating in the Convention organized on 1.11.1997 by one dismissed Police Constable Shri Rameshwar Mohod in the name of an unofficial Organization called Maharashtra Police Kalyankari Sanghatana and for giving provocative statements against the Police Department and its Officers, thus committed breach of Rules 3, 5, 7 and 9 of the Maharashtra Civil Services Conduct Rules, 1979.
Procedural History
The petitioner, a Head Constable, was charged with misconduct. A departmental enquiry was conducted, and he was found guilty. The disciplinary authority imposed the punishment of dismissal. The petitioner challenged the enquiry and punishment before the Maharashtra Administrative Tribunal, which dismissed his application on 23.11.2000. The petitioner then filed a writ petition before the Bombay High Court, which was dismissed on 7.1.2010.
Acts & Sections
- Maharashtra Civil Services Conduct Rules, 1979: Rules 3, 5, 7, 9
