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2010 Supreme(Bom) 379

D.K.DESHMUKH, A.R.JOSHI
SHANTILAL DNYANU JADHAV – Appellant
Versus
COMMISSIONER OF POLICE, BRIHAN MUMBAI – Respondent


Advocates Appeared:
For petitioner: C. T. Chandratre
For respondent: C. R. Sonawane, AGP.

JUDGMENT

D. K. DESHMUKH, J. :- By this Petition, the petitioner challenges the order passed by the Maharashtra Administrative Tribunal, Mumbai in Original Application No. 917 of 2005 dated 28-2-2007 and the order passed by the said Tribunal in Misc. Petition No. 73 of 2008 in Review Application No.6 of 2008 dated 3-7-2008. Original Application No. 917 of 2005 was filed by the petitioner challenging the order dated 3-9-2005 passed by the Commissioner of Police, Mumbai, dismissing the petitioner from service. The petitioner was in service of the Government of Maharashtra as Assistant Police Inspector. The Commissioner of Police by order dated 3-9-2005 dismissed the petitioner from service for misconduct. The order was made under Article 311(2)(b) by dispensing with the departmental enquiry. That order was challenged before the MAT. Apart from the grounds raised on merits in relation to the misconduct and the competence of the Commissioner to make the order of dismissal, it was contended that in the order dated 3-9-2005, the Commissioner has not recorded and disclosed reasons why it is not practicable to hold departmental enquiry against the petitioner. The MAT dismissed the Original A






























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