State nod for plea against Sharma’s reinstatement

S Ahmed Ali I TNN
Mumbai: The state home department has given the goahead for an appeal against the Mah a r a s h t r a Administrative Tribunal (MAT) order reinstating inspector Pradeep Sharma in the force. The MAT court on May 7 used Article 311 of the Constitution to set aside the police’s decision of dismissing encounter specialist Sharma. The tribunal directed the police to reinstate Sharma in service with full wages but stated that the DGP was at liberty to hold a proper departmental probe against Sharma if he deemed it in accordance with law.

The state law and judiciary department has now written to the Bombay high court government pleader, directing him to initiate steps to file a writ petition to stay the tribunal’s order. TOI has a copy of the letter dated May 28. DGP S S Virk said, “We are yet to receive any orders.’’

Sharma was dismissed last August on charges of having underworld links. He immediately challenged order in tribunal, following which the director-general’s office filed an affidavit citing the reasons for Sharma’s dismissal. The police sought the home department’s nod to challenge the MAT order and the latter, in turn, sent the file to the law and judiciary department for its opinion. Officials said they were on the verge of finalising the points on which the appeal would be filed.

WHO IS PRADEEP SHARMA?
Appointed as sub-inspector on January 21, 1983, he was among the encounter specialists credited with the killing of 105 criminals, including several noted gangsters. He was dismissed on 30 August, 2008 for alleged underworld links.

WHAT IS ARTICLE 311?
Article 311 of the Constitution deals with dismissal, removal or demotion of civil servants. It says a government servant can be dismissed without notice and, in some cases, a probe need not be held if there are security considerations.

The Times of India, June 12, 2009