Bombay HC refuses to quash tribunal's order revoking suspension of senior policeman

The Bombay High Court refused to quash the Maharashtra Administrative Tribunals MAT order revoking the suspension and ordering for reinstatement of a senior police officer noting the suspension orders cannot be kept pending indefinitelyDhiraj Patil a superintendent of police level officer held the post of executive director security and enforcement at the Maharashtra State Electricity Distribution Co Ltd MSEDCL at the time of his suspensionA division bench of Justices Gautam Patel and Gauri Godse on August 18 dismissed the petition filed by a woman who had challenged the MATs July 2022 order revoking Patils suspension and directing for his reinstatement in serviceThe MAT had also directed for the departmental enquiry initiated against Patil to be completed within three monthsThe petitioner who is a lawyer had complained against Patil in July 2021 levelling allegations which were personal in natureAlso Read Social media posts on Sharad Pawar Bombay High Court clubs FIRs against actor Ketaki Chitale and student Nikhil BhamrePursuant to the complaint a departmental enquiry was initiated against Patil in February 2022 and on March 2 he was placed under suspensionPatil then challenged his suspension before the MATThe allegations made by the petitioner woman against the respondent No 1 Patil in her complaint are personal in nature The petitioner has reserved her right to file a criminal complaint against respondent No 1 for offences punishable under sections 376 rape 420 cheating and 406 criminal breach of trust of IPC the high court saidIt further noted that these allegations were also the subject matter of the departmental enquiry initiated against PatilEven the MAT in its order has mentioned the summary of these allegations but has not rendered any finding one way or the other on the correctness of the same it saidIn such circumstances we do not find it appropriate to deal with these allegations the court saidAlso Read Bombay HC to assign bench to hear case on pothole menaceThe bench further held that the law on orders of suspension was well settled and the high court would interfere with such orders only if they are passed in a malafide manner or otherwise shown to be illegalIt added that the MAT had correctly concluded that the order of suspension cannot continue indefinitely and has hence ordered for the departmental enquiry to be completed in a timebound mannerThus we find no illegality or perversity in the order passed by the MAT Hence we find no reason to interfere with the order passed by the MAT the court saidWhat the petitioner seeks is nothing but the continuance of suspension of respondent No 1 possibly for some indefinite period The petitioner has no such legally enforceable right to demand continuance of the suspension it saidThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever