Case Note & Summary
The petitioner, Satish Vishwanath Lohar, a Talathi (village revenue officer) in Balapur, District Akola, filed a writ petition seeking police protection. He alleged that while discharging his duties, particularly in preventing large-scale illegal sand mining for brick manufacturing, he faced threats from anti-social elements. Despite making representations to his superiors, he was not granted police protection, making it difficult to perform his duties. The petitioner relied on Rule 3 of the Maharashtra Civil Services (Conduct) Rules, 1979, which requires every government servant to maintain devotion to duty. The Court, after hearing the counsel for the petitioner and the Assistant Government Pleader for the respondents, observed that the State is duty-bound to provide adequate police protection to a government servant who faces threats while discharging his lawful duties. The Court directed the respondents to consider the petitioner's representation and provide necessary police protection. The writ petition was disposed of with the direction that the respondents shall consider the representation and grant appropriate protection.
Headnote
A) Service Law - Police Protection to Government Servant - Duty to Maintain Devotion to Duty - Maharashtra Civil Services (Conduct) Rules, 1979, Rule 3 - The petitioner, a Talathi, faced threats from anti-social elements while preventing illegal sand mining for brick manufacturing. He made representations for police protection but was not granted any. The Court held that the State is duty-bound to provide adequate police protection to a government servant who faces threats while discharging his lawful duties, as otherwise he cannot maintain devotion to duty as required under Rule 3. The Court directed the respondents to consider the petitioner's representation and provide necessary protection. (Paras 2-4)
Issue of Consideration
Whether a Talathi, facing threats from anti-social elements while discharging his duties to prevent illegal sand mining, is entitled to police protection from the State.
Final Decision
The Court directed the respondents to consider the petitioner's representation and provide adequate police protection. The writ petition was disposed of with this direction.
Law Points
- Duty of government servant to maintain integrity and devotion to duty
- Right to police protection for public servants discharging lawful duties
- Maharashtra Civil Services (Conduct) Rules
- 1979 Rule 3
