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Param Bir Singh’s petition non-maintainable: Bombay HC

Param Bir Singh  

The Bombay High Court on Thursday held that former Mumbai Police Commissioner Param Bir Singh’s petition seeking to quash preliminary inquiries against him by the Maharashtra government is non-maintainable.

A Division Bench of Justices S.S. Shinde and N.J. Jamadar dismissed Mr. Singh’s petition and said “it is service matter”, and that the reliefs sought by Mr. Singh can be adjudicated by the Central Administrative Tribunal.

The court said, “[When] the petitioner [Mr. Singh] approaches the appropriate forum, then the same shall be heard and decided without any prejudice to the HC’s order.”

Mr. Singh’s petition has challenged two orders of the Maharashtra government initiating preliminary inquiries against him — one for dereliction of duty and misconduct, and the second for alleged corruption.

The first order issued on April 1, 2021 was passed by former Home Minister Anil Deshmukh for alleged violation of some All India Services (Conduct) Rules.

The second order, issued on April 20, was passed by the current Home Minister Dilip Walse Patil over allegations of corruption levelled against Mr. Singh.

In his petition, Mr. Singh had also levelled allegations against Sanjay Pandey, claiming that the Director General of Police had told him in a personal meeting that the enquiries were set up as a result of Mr. Singh’s complaint against Mr. Deshmukh.

On March 20, 2021 Mr. Singh had written a letter to Maharashtra Chief Minister Uddhav Thackeray with allegations of corruption against Mr. Deshmukh.

Senior advocate Darius Khambata appearing for the Maharashtra government had previously argued that the petition was infructuous as the two preliminary inquiries challenged in the plea do not stand any more.

Senior advocate Mahesh Jethmalani representing Mr. Singh had argued that the preliminary inquiries were set up without application of mind, and were out of condemnation and vendetta following Mr. Singh’s complaint against Mr. Deshmukh.

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Printable version | Oct 17, 2021 1:14:47 PM | https://www.thehindu.com/news/national/other-states/param-birs-plea-against-maharashtra-governments-inquiries-can-be-adjudicated-by-cat-bombay-hc/article36489264.ece

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