Writ Petition No. 8623 of 2014. Case: Rajendra Vs The State of Maharashtra and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition No. 8623 of 2014 |
| Counsel | For Appellant: S.B. Talekar, Advocate and For Respondents: R.K. Ladda, AGP |
| Judges | T. V. Nalawade and I. K. Jain, JJ. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 198, 198(1)(c); Indian Penal Code 1860, (IPC) - Section 494; Maharashtra Village Police Act, 1967 - Sections 14, 15, 2(d), 6, 7 |
| Judgement Date | April 09, 2015 |
| Court | High Court of Bombay (India) |
Order:
-
The petition is filed to challenge the judgment and order of Original Application No. 220/2013, which was pending before Maharashtra Administrative Tribunal, Mumbai (Bench at Aurangabad) (hereinafter referred to as 'MAT' for short). The proceeding was filed by present respondent No. 5 to challenge the appointment of petitioner made by Sub Divisional Officer, Ahmednagar on the post of Police-patil of village Dedgaon, Tahsil Newasa. MAT allowed the proceeding and quashed and set aside the appointment of petitioner. Both the sides are heard. The learned AGP supported the decision of MAT.
-
It is the case of respondent No. 5 that when the application was made for the post, present petitioner was having two wives and two children from each wife. He contended that if second wife was not legally wedded wife, her status can be considered as concubine and in that case, it needs to be presumed that the present petitioner was not having of good moral character and so, he was not fit to get appointment on the post of Police-patil, which is the post of public servant. Before MAT, present petitioner denied that the lady by name Smt. Seema is his legally wedded wife, but he admitted that he has two children born from Smt. Seema and he contended that he has affair with this lady. He contended that it was consensual relationship and it was not prohibited and so, this act cannot be called as immoral act.
-
Before MAT, the authority, SDO filed affidavit and contended that correct information was not supplied by concerned Talathi, Tahsildar and police and if such information was available, the authority would not have given appointment to the petitioner on such post. In the affidavit, it is contended by the authority that even if, it is presumed that it is extramarital relationship, it is immoral behaviour.
-
The MAT has considered the aforesaid admission given by present petitioner and has set aside the appointment order. The learned counsel for the petitioner took this Court through the provisions of the Maharashtra Village Police Act, 1967 (hereinafter referred to as 'the Act' for short) and he placed reliance on two reported case like 2014 CRI.L.J. 784 [Suresh Kumar Koushal and Anr. Vs. NAZ Foundation and Ors.] and (2010) 5 Supreme Court Cases 600 [S. Khushboo Vs. Kanniammal and Anr.].
-
The provisions of the Act show that the Police-patil is the person of the same village, he works under the supervision of Executive Magistrate having...
To continue reading
Request your trial