The Bombay High Court on Thursday held a petition by former Mumbai Police Commissioner Param Bir Singh as non-maintainable, seeking quashing of two preliminary investigations (PEs) initiated against him by the Maharashtra government.
Dismissing the petition, the court observed that the relief claimed by the petitioner can be decided only by the Central Administrative Tribunal (CAT) and said that if the petitioner reaches the appropriate forum, the same can be done independently without prejudice by the authority concerned. decision can be taken. High Court order.
A division bench of Justices SS Shinde and NJ Jamadar on July 28 reserved judgment on the issue of hearing Singh’s plea challenging the two preliminary investigations initiated against him in connection with the Ambani bomb case and the allegations leveled by Inspector Anup Dange. Had taken. , who were suspended last year but were recently reinstated by the Mumbai Police.
Singh had alleged that the probe was initiated against former state home minister Anil Deshmukh to stall the CBI probe ordered by the HC on April 5 following his allegations of corruption.
However, questioning the maintainability of the petition, the Maharashtra government said Singh’s arguments relating to preliminary inquiry fall within the purview of the All India Service Rules, which are dealt with by CAT.
Senior advocate Mahesh Jethmalani, representing Singh, submitted that both the probes were initiated in haste and without any thought. “It is clear from the circumstances that it was released out of confusion and vengeance. Singh complained against Anil Deshmukh and instead of investigating him, the state punished the whistleblowers… They are trying to shoot the envoy,” argued Jethmalani.
He said it was not only an “administrative inquiry” but also dealt with the criminal aspect of the case and that it was arbitrary and against the law.
Senior advocate Darius Khambata, representing the Maharashtra government, said the petition pertains to “service matters” and should be taken up before CAT. Opposing Singh’s argument that government action is a form of retaliation, Khambata said Dange had filed the complaint in February, much before Singh’s letter on March 20 alleging corruption against Deshmukh.
Jethmalani said the government was trying to persuade Singh to withdraw the letter with the help of DGP Sanjay Pandey. “When the persuasion (by Pandey) failed, false cases surfaced,” he said.
Khambata had told the court that since the DGP has recused himself from the investigation and other officers would now investigate, Singh’s plea should be treated as infructuous and non-maintainable. The state had submitted the progress report of both the investigations in a sealed cover to the High Court.
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