PUNAMCHAND MEGHAJI SHIKHARE Vs. SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The petitioner herein Punamchand Meghaji Shikhare has filed this petition under Article 226 of the Constitution of India praying for a writ of certiorari with a direction to quash the order of removal of the petitioner from service passed by respondent No. 1, the Superintendent of Police, Aurangabad, dated 31-1-1975 as also the order passed by the under Secretary to the Government of Maharashtra, Home Department, dated 18-12-1981.

(2.) The petitioner was employed as an Unarmed Head Constable and was stationed at the Police Station, Paradh. On 31-1-1972 one Shivsing Rajput lodged a complaint with the Police Inspector, Anti-Corruption Bureau, Aurangabad, to the effect that Police Head Constable Shinde had demanded from him through Police Constable Dongre of Paradh Police Station illegal gratification of Rs. 15/- for himself and an amount of Rs. 50/- for Dongre as a reward for dropping the proceedings in a police cased involving the complainant Shivsing Rajput, who was found carrying Ganja on a cycle and for returning the said cycle. On receipt of this complaint, the Police Inspector, Anti-Corruption Bureau, Aurangabad, Registered offence against Police Constable Dongre under section 5(2) of the Prevention of Corruption Act. The Police Inspector, Anti-Corruption Bureau, Aurangabad, further filed an application before the Judicial Magistrate, First Class, Bhokardan, for necessary sanction as required by section 5(1) of the said Act for carrying out investigation into the said offence. The learned Judicial Magistrate First Class, Bhokardan, was pleased to grant permission to the Police Inspector, Anti-Corruption Bureau, Aurangabad.

(3.) Thereafter, the Investigating Officer arranged to lay a trap. On 31-1-1972, the complainant Shivsing Rajput, according to the previous plan met Police Constable Dongre and handed over the amount of Rs. 65/- as per the original demand. The said sum was accepted by Police Constable Dongre and he immediately handed over the said amount to the present petitioner, Unarmed Police Head Constables Shikhare, who was present there with Dongre. The petitioner accepted the amount from Dongre and kept the same in his shirt pocket. Immediately thereafter the Anti-Corruption Bureau officials raided the place and recovered the amount of illegal gratification from the possession of the petitioner. The petitioner thereafter was served with a charge-sheet by the first respondent, the Superintendent of Police Aurangabad.