Disposed

Manoj Chandrakant Kalburge v. the State of Maharashtra

Bombay HC24 Sept 2014APPLN/1480/2014

Case brief

AI extract

What is this about?

The court directed the Registrar to send this order to the District Superintendent of Police for compliance regarding departmental action against an Investigating Officer who disobeyed a court order by failing to supply investigation papers and attend court.

What did the court decide?

Directed the District Superintendent of Police to initiate departmental action against the erring Investigating Officer and submit a report to the Court.

Manoj Chandrakant Kalburge Vs the State of Maharashtra — Writ and Judicial Review | Bombay HC (2014)

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1 Crim. Apln. 1480...2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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902 . APLN/1480/2014

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MANOJ S/O CHANDRAKANT KALBURGE

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V/S

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. MORAMPALLE S.N. A.P.P. for the State : Mr. KALE D.R.

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CORAM : T.V.NALAWADE, J.

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DATE : 24^th SEPTEMBER, 2014

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ORAL ORDER :

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This court had made Order on 12/09/2014 and had

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given direction to the Investigating Officer to remain present in the Court as the papers of investigation were not supplied by him to learned A.P.P. Learned A.P.P. made statement that said order

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was communicated to the concerned Investigating Officer, but he did not turn up. This Court can take action for contempt of

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Court, but that is unnecessarily the wastage of time.

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2 Crim. Apln. 1480...2014

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In the present case, inference can be drawn that the Investigating Officer wanted to help the applicant to get the relief. He filed charge sheet when the interim relief was there, as per the statement made by the learned counsel for the applicant. In such circumstances, departmental action can also be taken against erring employee. There is disobedience of the order of the Court. The District Superintendent of Police is expected to take departmental action against the Investigating Officer and before conclusion of the enquiry, he is expected to take entry of this fact in the Confidential Report and report about it to this Court. The Registrar (Judicial) of this Court to send copy of this Order to the District Superintendent of Police for compliance and direct him to submit his report. After receipt of report from the District Superintendent of Police, the same be placed before this Court.

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[T.V.NALAWADE, J.]

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KNP/Crim. Apln. 1480...2014

Manoj Chandrakant Kalburge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Manoj Chandrakant Kalburge v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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