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2022 Supreme(Bom) 1016

G.A.SANAP, SUNIL B.SHUKRE
Arun Laxman Motghare – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Sunil Manohar, Shri A. A. Dhawas
For the Respondent: Shri S. S. Doifode, Shri S. V. Sirpurkar

JUDGEMENT :

Sunil B. Shukre, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

2. The applicant No.1 is the Principal of Dr. Arun Motghare College, while the applicant Nos.2, 3 and 4 are the employees of the said College. It appears that due to some misconduct on the part of the respondent No.2, the departmental enquiries have been held against him. The last chargesheet that was issued to the respondent No.2 is dated 3-6-2019, which levels several charges of misconduct against him.

3. The respondent No.2 thereafter filed a police complaint against the applicants alleging his humiliation and being subjected to abuses on caste basis by the applicants. However, the concerned police officer, after making enquiries, found no substance in the complaint and, therefore, submitted a report to the Superintendent of Police, Bhandara, on 13-10-2018 stating therein that no case was made out by the respondent No.2 for registration of the offences against the applicants. In the said report submitted to the Superintendent of Police, Bhandara, the Sub-Divisional Police Officer, Paoni, has given details of various acts of misconduct on

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