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2023 Supreme(Bom) 2126

NITIN W. SAMBRE, ABHAY J. MANTRI
Gajanan Mahadeo Satpute – Appellant
Versus
Government of Maharashtra – Respondent


Advocates appeared:
T.Rahul, Advocate, A.M.Deshpande, Advocate

JUDGMENT/ORDER

NITIN W.SAMBRE, J. - RULE. Rule made returnable forthwith and heard finally with consent of the learned counsel for the parties.

2. On April 07, 2010, the petitioner having facilitated the escape of an undertrial namely Pramod Rewatkar was charge-sheeted in Form-1 by the Authority.

3. Subsequent thereto, he was served with the charge-sheet and an offence came to be registered against him vide Crime No.152 of 2010 for an offence punishable under Ss. 224 and 225 of the Indian Penal Code.

4. The petitioner thereafter was acquitted in the aforesaid criminal trial vide judgment dated September 16, 2019 delivered by the Judicial Magistrate First Class, (Court No.4), Wardha for an offence punishable under Ss. 225 and 119 of the Indian Penal Code.

5. On June 08, 2010, the Disciplinary Authority framed the charges against the petitioner. The Disciplinary Authority held the petitioner guilty of the charges levelled against him. He was served with the final order dated May 15, 2018 of dismissal from service in exercise of powers vested under the Bombay Police (Punishments and Appeals) Rules, 1956 (for short, 'the Rules of 1956').

6. Forming the acquittal by the Criminal Court as

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