1 Apr 2005
Order issued
ConcludedThe Bombay High Court upheld service punishment imposed on police personnel.
Disciplinary action · Procedural only.
Source: 2005(5) Bom CR 294
Not yet re-checked.
CW-2005-0006Pune, MaharashtraJudgment 1 April 2005
The Senior Inspector of Police and Ors. vs Shri [name withheld]
Head Constable of Khadki Police Station, Pune, was trapped by the Anti-Corruption Department on 28.5.1993 accepting illegal gratification for returning complainant [name withheld]'s tempo and documents, and convicted by the Special Court, Pune on 19.10.2001 (6 months RI plus Rs 7,500 fine). He was dismissed from service on 20.3.2002 under clause (a) of the second proviso to Article 311(2), but the Maharashtra Administrative Tribunal set aside the dismissal and ordered reinstatement with backwages. The Division Bench held that suspension of sentence/conviction under section 389 CrPC pending appeal (Criminal Appeal 916/2001) does not wipe out the conviction or the underlying conduct, and that a public servant held guilty of corruption must be treated as corrupt until exonerated by a superior court. It allowed the writ petition, set aside the Tribunal's judgment and dismissed the original application, restoring the dismissal; the plea for stay was rejected. Matters not addressed in the cited judgment text are not recorded here.
Externally reportedV2
What this record means
This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.
How verification works →Detailed record
Report card
By judgment dated 1 April 2005 in Writ Petition against MAT order dated 12.11.2002 in Original Application No. 602 of 2002, the Bombay High Court (Coram: R.M. Lodha, R.S. Mohite, JJ.) upheld the disciplinary action taken against the Head Constable, Khadki Police Station, Pune.
- Register number
- MH 12 CW 0002
- Case reference
- Writ Petition against MAT order dated 12.11.2002 in Original Application No. 602 of 2002 / 2005(5) Bom CR 294
- Court and date
- Bombay High Court (Coram: R.M. Lodha, R.S. Mohite, JJ.), 1 April 2005
- Officer(s) at the material time
- Head Constable, Khadki Police Station, Pune
- Present service status
- Recorded in the cited sources as dismissed from service.
- Provisions invoked
- Section 7 of the Prevention of Corruption Act; Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act
- Finding of the Court (extract)
- “Replace paraphrase with verbatim: 'When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a Court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior …” (at para null -> '19 (quoting K.C. Sareen v. CBI, AIR 2001 SC 3320)')
- Verdict, sentence and quantum
- Disciplinary action upheld. Sentence: dismissal.
- Present status of the proceedings
- No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.
Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.
Current position
The Bombay High Court judgment dated 1 April 2005 is the concluded position shown in the cited sources.
Evidence position
Recorded allegations
OtherPrimary
Material fact supported
Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.
Official finding: supports allegation.
Attributed to the court
What the court found
Holding not recorded separately.
“Replace paraphrase with verbatim: 'When a public servant was found guilty of corruption after a judicial adjudicatory process conducted by a Court of law, judiciousness demands that he should be treated as corrupt until he is exonerated by a superior …” (para null -> '19 (quoting K.C. Sareen v. CBI, AIR 2001 SC 3320)')
Separate from verification
Institutional response
Continuing record
Follow-up history
19 Sep 2026
(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))
Corrections (0): No corrections recorded.
Review: Solo Staff combined review (one combined attestation) — not yet recorded.