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1986 Supreme(SC) 39

D.P.MADAN, A.P.SEN
Shivaji Atmaji Sawant: Namdeo Jairam Velankar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
A.S.BHASME, M.N.SHROFF, S.B.Bhasme, V.M.TARKUNDE, V.N.GANPULE

JUDGMENT

MADON, J. :— The Appellant in Civil Appeal No. 4041 of 1982, Shivaji Atmaji Sawant, was a Police Constable in the Bombay City Police Force attached to the Bandra Police Station in Bombay. He was governed by the Bombay Police Act, 1951 (Bombay Act No. XXII of 1951). By an order dated August 22, 1982, passed by the Commissioner of Police, Greater Bombay, he was dismissed from service, without a charge-sheet having been issued to him and without any inquiry being held with respect to the misconduct alleged against him. The said order of dismissal was passed under Section 25(1) of the Bombay Police Act read with Clause (b) of the second proviso to Article 311(2) of the Constitution of India. The writ petition filed by Sawant challenging the said order of dismissal was dismissed by the Bombay High Court. He has thereupon approached this Court in appeal by way of Special Leave granted by this Court.

2. The Appellant in Civil Appeal No. 4363 of 1985, Namdeo Jairam Velankar, was a Head Constable in Armed Batch No. 645 and was posted at Aurangabad. He too was governed by the Bombay Police Act. He was also dismissed in the same way as Sawant by an order dated August 22, 1982, passed






















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