The Maharashtra Administrative Tribunal (MAT) has quashed and set aside the dismissal order of police sub-inspector Kashinath Ubhe, directing the Pune Police Commissionerate to reinstate him within two weeks. The tribunal observed that authorities are free to proceed with a departmental inquiry in accordance with law.
Background of the Case
The dismissal followed allegations that Ubhe was involved in a honey-trap and extortion racket targeting a senior citizen in Kothrud, Pune. A woman allegedly befriended the victim and lured him to a lodge, where he was confronted by Ubhe and three women. The victim was reportedly threatened with a rape case, assaulted by a woman posing as a member of the Women’s Rights Commission, and coerced into paying money. Ubhe was accused of demanding Rs 5 lakh from the senior citizen.
Summary Dismissal Challenged
Ubhe, attached to Vishrambaug police station, was summarily dismissed by Pune police commissioner Amitesh Kumar on September 24, 2024, under Article 311(2)(b) of the Constitution and provisions of the Maharashtra Police Act. The dismissal order stated that despite being a police officer with knowledge of the law, Ubhe engaged in anti-social and irresponsible conduct that tarnished the force's image.
Challenging the action before the MAT, Ubhe's lawyer R H Patil argued that the extraordinary power under Article 311(2)(b), which permits dismissal without a departmental inquiry in exceptional circumstances, was exercised without recording reasons as to why such an inquiry was not reasonably practicable.
MAT's Observations
The bench, comprising chairman Justice Mangesh S Patil and member (administrative) Debashish Chakrabarty, observed that while the dismissal order narrated the allegations and evidence collected during the criminal investigation, it failed to provide any reasons explaining why a disciplinary inquiry could not be conducted. The MAT noted that merely stating that a departmental inquiry was not reasonably practicable was insufficient. It held that the law requires the disciplinary authority to record specific reasons demonstrating why holding an inquiry was not feasible.
Pending Criminal Case
The criminal case arising out of the alleged honey-trap and extortion incident is still pending.
