Decided on February 25,1972

Ramoo Bapoo Gaikwad Appellant
State of Maharashtra And Anr. Respondents


Vaidya, J. - (1.) - In this petition we are concerned with the validity of compulsory retirement of the petitioner ordered in departmental proceedings, which commenced in the year 1964. The relevant facts may be briefly stated to follows:
(2.) The petitioner joined the Police Force as a constable on April 30. 1939. While serving as a constable, he passed the Matriculation examination in the year 1944. In 1946, he was appointed as Head Constable Writer. On passing the departmental examination, be was confirmed in that post in the year 1949. He was promoted as a Sub-Inspector of Police in the year 1949. In 1950, he was reverted to the rank of Head Constable Writer on general reversion of 150 posts. The petitioner belonged to a scheduled Caste. The petitioner was slain appointed to the post of Sub Inspector of Police on January 1, 1956, after he passed several tests. According to the petitioner, the petitioner worked enthusiastically, intelligently and efficiently to have good entries and reward to his credit, since his appointment as sub, Inspector of Police from January 1, 1956, with the hope of early confirmation.
(3.) However, he was shocked to receive on January 3, 1964, from the Inspector under whom he was working a memorandum alleging that be had committed 9 breaches of rules in respect of R. P.S. Worli and making 6 charges in respect of Northern Preventive Sector, Ghatkopar, which called upon the petitioner to explain these charges. He was unable to follow three charges except in respect of 4 counts for which he gave his explanation. He was, however, suspended on March 17, 1964. On July 11, 1964, he received a notice of departmental inquiry at the hands of V. B Bhagwat, then Assistant Commissioner of Police 'X' Division.;

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