Bombay HC dismisses Param Bir Singh plea challenging enquiries against him by Maharashtra govt
A Bench of Justices SS Shinde and NJ Jamadar held that the plea was not maintainable before the High Court and directed Singh to approach the appropriate forum.
In a setback for controversial former Mumbai Police Commissioner Param Bir Singh, the Bombay High Court today dismissed the petition seeking quashing of the two preliminary inquiries against him by the Maharashtra government.
The bench advised him to approach an appropriate forum as it held the petition as untenable.
A Bench of Justices SS Shinde and NJ Jamadar held that the plea was not maintainable before the High Court and directed Singh to approach the appropriate forum which will then decide the matter without prejudice to present order of the High Court, Bar and Bench reported.
The Bench reserved its order on Singh's plea filed under Article 226 of the Constitution of India on July, 28.
The IPS officer called himself a whistle blower "who has tried to highlight corruption in the highest public office." Therefore the enquiries were malafide, meant to target and harass him.
"One of the enquiries pertain to the complaint filed by police inspector Anoop Dange, alleging corruption against Singh. It is being enquired by the DGP, Anti Corruption Bureau," senior counsel Darius Khambatta representing the state, had told the judges.
In his petition, Singh claimed that the enquiries were an attempt to thwart the inquiry by the Central Bureau of Investigation (CBI) against the former Home Minister Anil Deshmukh, who demanding Rs 100 crore extortion money from bar owners through dismissed cop Sachin Waze.
However, raising preliminary objections to his plea, the State contended the Central Administrative Tribunal was the appropriate forum for Singh's grievances as these were administrative enquiries related to his conduct when he was the commissioner.
Senior advocate Mahesh Jethmalani, who had appeared for Singh, had said, “It is obvious from the circumstances that it was issued out of confusion and vendetta. Singh complained against Anil Deshmukh and instead of inquiring into that, the state punished the whistleblower... They are trying to shoot the messenger.”
Jethmalani pointed out that instead of inquiring into the allegations against Deshmukh, the State government had "proceeded to punish the whistleblower (Singh)"
To substantiate his allegation on malafides, Jethmalani contended that Pandey in conspiracy with the State had purportedly tried to compel Singh to withdraw the letter written to the Chief Minister Uddhav Thackeray, Bar and Bench reported.
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