Court Upholds Tribunal’s Order to Regularize Suspension Period of Police Officer.


01 March 2024 Corruption >> Criminal Law  

In a recent case in the matter of The State of Maharashtra, Through Additional Chief Secretary, Home Department, Mantralaya, Mumbai & Others Verses Bhimrao Rohidas Ghadge, the Petitioner-State challenged an order passed by the Maharashtra Administrative Tribunal, which directed the regularization of the suspension period of a Police Inspector, the Respondent. The officer had been suspended on 23rd August 2015 and remained suspended until 28th November 2018.

The suspension was based on a charge under the Prevention of Corruption Act, 1988 (CR No.48 of 2015). However, the Respondent was later exonerated in the departmental inquiry, and the charge was dropped by the Additional Sessions Judge in November 2022, citing the lack of proper sanction from the Petitioners. No fresh sanction was sought by the Petitioners even after more than a year.

 
 

The Respondent had made several representations for regularizing the suspension period, which were rejected. Following this, an application (OA No.273 of 2023) was filed before the Tribunal, which ruled in favor of the Respondent, directing the regularization of the suspension period along with consequential benefits.

The Petitioners, however, appealed the decision, citing pending appeals against the acquittals. The Court observed that despite the challenges, the Respondent had been exonerated in the departmental inquiry and acquitted in several related cases. The Court found no substantial reason to overturn the Tribunal’s order, stating that the basis for the suspension had collapsed, as no further action had been taken against the Respondent despite the lapse of time.

The petition was dismissed, upholding the Tribunal’s decision to regularize the suspension period.


Prevention of Corruption Act, 1988