Maharashtra: MAT Court Halts Departmental Inquiry Against Pune ASI Facing Rape Charges

Maharashtra: MAT Court Halts Departmental Inquiry Against Pune ASI Facing Rape Charges

The Maharashtra Administrative Tribunal (MAT) has set aside the departmental inquiry initiated against assistant sub-inspector of the Haveli Police Station, Pune, who is already facing alleged rape charges before the criminal court, since 2022.

Pranali LotlikarUpdated: Saturday, June 22, 2024, 02:09 AM IST
article-image
Maharashtra: MAT Court Halts Departmental Inquiry Against Pune ASI Facing Rape Charges | Representational Image

Mumbai: The Maharashtra Administrative Tribunal (MAT) has set aside the departmental inquiry initiated against assistant sub-inspector of the Haveli Police Station, Pune, who is already facing alleged rape charges before the criminal court, since 2022. The MAT orders came after the accused officer, in his plea, had expressed his genuine risk of disclosing his defence before the inquiry, which would in-turn prejudice him to never ending phase in the criminal trial.

Shaikh Abdul Rashid Pathan, had filed an application before the tribunal for quashing and setting aside departmental proceedings initiated by Deputy commissioner of Police, Pune. The Application said Pathan was falsely implicated in an alleged rape case for which he was suspended from service since November 18, 2022 and till date he is arbitrarily kept under suspension. “If the departmental enquiry proceeds, then the applicant will have to disclose his defence which will be detrimental to his rights as accused in the Criminal trial. The allegations as well as the witnesses in the departmental enquiry and the criminal case are one and the same,”the application reads.

The MAT, while referring to one of the similar judgments which the Pathan had cited said, “If an individual is alleged to have committed a crime punishable under the penal laws, it is the State which prosecutes him/her. It is invariably the State machinery that comes into play and it conducts proceedings as the prosecutor. After all it has been held by the Supreme Court that each case has to depend on its own peculiar facts and that no straight jacket formula is applicable to any case.”

The MAT thus held, “The facts of the case shows that the complainant is the same in both departmental enquiry and criminal case. It is not the position that each and every case where the Police Officer is charged for the offence of rape, the departmental enquiry is to be stayed or departmental enquiry to proceed. After going through the nature of the complaint in the present case, we find it is better and in the interest of the delinquent officer to face the criminal trial and till then the departmental enquiry is stayed.”

RECENT STORIES

Maharashtra Police Clubs 7 FIRs Against NCP (SP) MLA Jitendra Awhad

Maharashtra Police Clubs 7 FIRs Against NCP (SP) MLA Jitendra Awhad

Mumbai: Gym Trainer Hits Member On His Head With Heavy Exercising Equipment In Mulund; VIDEO...

Mumbai: Gym Trainer Hits Member On His Head With Heavy Exercising Equipment In Mulund; VIDEO...

Law Student’s Answer Sheet Torn, Bombay HC Issues Notice To DY Patil College In Pune To Save CCTV...

Law Student’s Answer Sheet Torn, Bombay HC Issues Notice To DY Patil College In Pune To Save CCTV...

Navi Mumbai: Nigerian National Arrested With Mephedrone Worth Rs 86.40 Lakh Following Seizure From 2...

Navi Mumbai: Nigerian National Arrested With Mephedrone Worth Rs 86.40 Lakh Following Seizure From 2...

Mumbai: 'Conflict Is Political, Not Ideological,' Says Muslim Scholar On Oman Killings

Mumbai: 'Conflict Is Political, Not Ideological,' Says Muslim Scholar On Oman Killings