{"id":31710,"date":"2021-09-17T15:39:18","date_gmt":"2021-09-17T15:39:18","guid":{"rendered":"https:\/\/dinnews.in\/?p=31710"},"modified":"2021-09-17T15:39:19","modified_gmt":"2021-09-17T15:39:19","slug":"param-birs-plea-against-maha-govts-inquiries-can-be-adjudicated-by-administrative-tribunal-hc","status":"publish","type":"post","link":"https:\/\/dinnews.in\/?p=31710","title":{"rendered":"Param Bir&#8217;s plea against Maha govt&#8217;s inquiries can be adjudicated by administrative tribunal: HC"},"content":{"rendered":"\n<p>The Bombay High Court on Thursday held as non-maintainable a petition filed by former Mumbai police commissioner Param Bir Singh, seeking to quash the two preliminary inquiries initiated against him by the Maharashtra government.<\/p>\n\n\n\n<p>A division bench of Justices S S Shinde and N J Jamadar while dismissing the plea said the reliefs sought by Singh can be adjudicated by the Central Administrative Tribunal as it is a service matter.<\/p>\n\n\n\n<p>The bench said if the petitioner (Singh) approaches the appropriate forum, then the same shall be heard and decided without any prejudice to the HC&#8217;s order (of Thursday).<\/p>\n\n\n\n<p>Singh in his petition has challenged two orders of the state government initiating preliminary inquiries against him one for dereliction of duty and misconduct and the second for alleged corruption.<\/p>\n\n\n\n<p>The first order on April 1 this year was passed by the then state home minister Anil Deshmukh for alleged violation of some All India Services (Conduct) Rules.<\/p>\n\n\n\n<p>The second order of April 20 was passed by the current home minister (Dilip Walse Patil) over allegations of corruption levelled against Singh.<\/p>\n\n\n\n<p>The state government had raised preliminary objections over Singh&#8217;s petition and said it cannot be heard by the high court as it was a purely service matter and hence, ought to be heard by the administrative tribunal.<\/p>\n\n\n\n<p>Government&#8217;s counsel Darius Khambata had argued that the petition raised issues that are squarely covered under provisions of the Administrative Tribunals Act and is a service matter.<\/p>\n\n\n\n<p>He had also argued that the petition was infructuous as the two preliminary inquiries challenged in the plea do not stand anymore, as Maharashtra&#8217;s Director General of Police (DGP) Sanjay Pandey, who was to head the inquiries, recused following allegations levelled against him by Singh in the petition.<\/p>\n\n\n\n<p>The government later ordered two new inquiries one headed by director general of the state Anti-Corruption Bureau (ACB) and the second headed by additional chief secretary (planning).<\/p>\n\n\n\n<p>Singh&#8217;s counsel Mahesh Jethmalani had argued that the preliminary inquiries were set up hastily and without application of mind, and were out of condemnation and vendetta following Singh&#8217;s complaint against former state home minister Anil Deshmukh.<\/p>\n\n\n\n<p>In his petition, Singh had also levelled allegations against Sanjay Pandey, claiming that the DGP told him in a personal meeting that the enquiries were set up as a result of Singh&#8217;s complaint against Anil Deshmukh.<\/p>\n\n\n\n<p>In March this year, Singh in a letter to Maharashtra Chief Minister Uddhav Thackeray levelled corruption allegations against Deshmukh.<\/p>\n\n","protected":false},"excerpt":{"rendered":"<p>The Bombay High Court on Thursday held as non-maintainable a petition filed by former Mumbai police commissioner Param Bir Singh, seeking to quash the two preliminary inquiries initiated against him by the Maharashtra government. A division bench of Justices S S Shinde and N J Jamadar while dismissing the plea said the reliefs sought by Singh can be adjudicated by the Central Administrative Tribunal as it is a service matter. The bench said if the petitioner (Singh) approaches the appropriate forum, then the same shall be heard and decided without&hellip;<\/p>\n","protected":false},"author":1,"featured_media":31711,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[8,4],"tags":[],"_links":{"self":[{"href":"https:\/\/dinnews.in\/index.php?rest_route=\/wp\/v2\/posts\/31710"}],"collection":[{"href":"https:\/\/dinnews.in\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dinnews.in\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dinnews.in\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dinnews.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=31710"}],"version-history":[{"count":1,"href":"https:\/\/dinnews.in\/index.php?rest_route=\/wp\/v2\/posts\/31710\/revisions"}],"predecessor-version":[{"id":31712,"href":"https:\/\/dinnews.in\/index.php?rest_route=\/wp\/v2\/posts\/31710\/revisions\/31712"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/dinnews.in\/index.php?rest_route=\/wp\/v2\/media\/31711"}],"wp:attachment":[{"href":"https:\/\/dinnews.in\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31710"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dinnews.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31710"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dinnews.in\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31710"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}