A division bench consisting of Justice AP Deshpande and B Mujumdar stated in its order that superintendent of police should impose a lighter punishment than termination of constable's service.
Sormare, who was appointed a police constable in 1993, was chargesheeted for behaving in a disorderly manner under the influence of liquor. Following an FIR against him, a departmental enquiry was conducted and he was removed from the service on December 20, 1995. He appealed to the higher authorities against the termination, but the appeal was rejected. Sormare then knocked the MAT's doors for justice.
After hearing the case, the tribunal came to a conclusion that the punishment to Sormare was disproportionate to his offence. MAT advised the SP to reconsider the quantum of punishment. In spite of that, the same punishment was maintained by an order passed on June 6, 2007. The inspector general of police confirmed the order.
The applicant was forced to file another original application against the fresh order. In reply, the SP stated that due to the earlier dubious record of the applicant, the earlier punishment imposed on him had been maintained. The tribunal stated that the respondents have clearly refused to comply with their earlier order and that it did not want to precipitate the issue by initiating contempt proceedings.
Setting aside the 2007 order, the tribunal remanded the case to SP with a direction to pass a fresh order reducing the quantum of punishment. It also slapped the two officers with a fine that is to be paid to the complainant.
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