The instances of policemen, who had summarily been removed from service, getting relief from the Maharashtra Administrative Tribunal (MAT) are growing. Also growing is the discontent among the force about the rampant misuse of Article 311 of the Constitution, which gives sweeping powers to the director general of police (DGP) to dismiss any cop from service, without giving him an opportunity to present his side.
As many as 65 policemen have been dismissed from service in the past five years by Mumbai Police, maximum of them taking place between 2003 and 2007. The dismissed included encounter specialists Pradeep Sharma and Aslam Momin. MAT on Thursday set aside Sharma’s dismissal. Earlier this year, Momin got the relief.
The general feeling in the police ranks is that cops are targeted, and then victimised by invoking article 311. Explaining the procedure of invoking the article, a police officer said, “Usually, the concerned cop is just told that he has been dismissed from service with immediate effect. He is given no chance to present his side. It is a one-sided order, which is against natural justice.”
A senior Crime Branch officer said, “The instances of policemen being dismissed under article 311 have increased over the past few years. Before that, there used to be departmental inquiries. A cop with a case against his name was given an opportunity to present his side of the case.”
Former IPS officer and senior counsel YP Singh said, “According to Article 311, no government servant can be dismissed without conducting a departmental inquiry, where charges have to be proved by providing full evidence. However, in a case, where it is likely that security of the country will be compromised, guilty officers can be straight away dismissed. But many times this article has been misused by using the shortcut method of summary dismissal, even in cases where there was no threat to the nation’s security.”
