PUBLIC INTEREST APPEAL AND PETITION
Date: – 27, December, 2024
From: –
Ad. Anil Nivritti Bugde,
Advocate High Court,
r/o at B – 3 Type, Building No. 12, 1st floor,
Room No. 4, Sector – 3, Vashi, Navi Mumbai,
Thane, Maharashtra, Pin Code – 400703
Mobile: – 9821366824
Email: – anil.bugde@gmail.com
Social Public Media: – pil24news.com
To,
1. The Hon’ble Governor of Maharashtra,
State of Maharashtra, Mumbai.
2. Shri. Devendra Fadanvis,
Chief Minister of Maharashtra, Mumbai.
3. Shri. Eaknathrao Shinde,
Former Chief Minister of Maharashtra, Mumbai.
4. Additional Chief Secretary, Home Department, Mantralaya,
Mumbai.
5. Director General of Police, State of Maharashtra, Mumbai
6. Commissioner of Police, Mumbai.
7. Director General of Police, Anti-Corruption Bureau, Mumbai.
8. Additional Director General of Police, Establishment,
State of Maharashtra, Mumbai.
9. Sameer Shaikh, IPS, District Superintendent of Police, Satara.
10. Shri. Rahul Gandhi,
Opposition Leader of Lok Sabha, New Delhi.
11. Shri. Udhav Thakre, Opposition Leader
Udhav Balasaheb Thakre Shiv Sena, Mumbai
12. Shri. Sharad Pawar, Opposition Leader
Sharad Chandra Nationalist Congress Party, Mumbai.
13. Chairperson,
Human Right Commission of Maharashtra, Mumbai.
14. Commissioner,
State of Maharashtra Election Commission Office, Mumbai.
Sub: Disobedience and breach, violation of the strict guidelines of Government Resolution of Home Department issued by State of Maharashtra vide its reference no. GR No. IPS- 2024/Pra. Kra. 99/Pole I second floor, Mantralaya, Madam Cama Road, Hutatma Rajguru Chawk, Mumbai – 400032 dated 13 August, 2024 and also breach of the orders of the Election Commission of India in the matter of Transfer of high ranking IPS and MPS police officers from their existing District serving places to some other district places during Lok Sabha and Vidhan Sabha Election held in 2024.
Respected Sir,
1. I am pleased to address the present letter of appeal on behalf of the larger public interest and had seen the Government of Maharashtra with some political motives had not complied the GR of the Government and also not followed the directives of the Election Commission of India in the matter of transfer of High-Ranking Police Officers such as Superintendent of Police and such other officers from their respective District Headquarters to other district places.
2. The Supreme Court of India in the matter of Writ Petition (Civil) No. 310 of 96 and its order dated on 22.9.2006 passed in the matter of Prakash Singh the then DG of Border Security Force, their Lordship Justice Shri. Thakkar had given Directives to the State to form POLICE ESTABLISHMENT BOARD AT STATE and accordingly State of Maharashtra set up Police Establishment Board 1 and 2 for to adopt the legal transfer procedure for IPS officers and Non IPS officers accordingly.
3. I say that thereafter Maharashtra Government formed 2 Establishment Board one for IPS (Indian Police Service) police officers transfer and in this board, Government appointed Additional Chief Secretary as its Chairperson and other 4 police officers were 1. Director General of Maharashtra State, Mumbai 2. Commissioner of Police, Mumbai. 3. Director General of Police, Anti-Corruption Bureau, State, Mumbai. 4. Additional Director General of Police, Establishment, State, Mumbai. I say that this Police Establishment Board as per the law recommends to transfer the IPS police officials from one District to other places as per the rules framed in Maharashtra Police (Amendment) Ordinance 2015 by the Home Department dated 16.2.2015.
4. I say that in this year 2024 there we had seen Election process of Loksabha and as well as of Vidhan Sabha and hence also seen that Election Commission of India from time to time had intimated the State Government to follow the law scrupulously in the matter of police transfer from their respective District places to other places and accordingly the State of Maharashtra had issued number of Government Resolution in the matter of transfer of IPS/MPS police officials transfer from their respective District to other places. Such as one GR was issued by Home Department on 05.09.2024 and in that GR there were 4 plus 1 IPS Officers and 1 Maharashtra Police Service Officers (MPS ) were transferred from their existing serving places and out of these officers one officer named Shri Pankaj Deshmukh IPS District Police Superintendent (DSP) Pune Rural challenged the said transfer order at Central Administrative Tribunal (CAT) and got stayed of his transfer order and rest of the officers were accepted the transfer without raising voice and were transferred accordingly.
5. Similarly, the Government of Maharashtra and its Home Department again issued another Government Resolution (GR) No. IPS-2024/Pra. Kra. 99/Pol 1, dated 13 August, 2024 and Home Department then transferred 18 IPS and MPS police officers from their respective District places but out of these 18 police officials the Government of Maharashtra through the office of Additional Director General of Police, Establishment Shri. Sanjeev Singhal had issued Shady Illegal Unreasonable another Internal Circular along with said GR dated 13.8.2024 from the record of the office of Director General of Police State of Maharshtra and directed the Commanding in charge of office of District Superintendent of Police, Satara wherein IPS officer Aslam Shaikh was serving as DSP, Satara he does not have to hand over his charge or accept his transfer order till the DGP office and Home Department intimate him further order and then as per the said GR of police transfer dated 13.8.2024 which was illegally was not enforceable to this IPS Officer as though this officer already served for the same District during LOK SABHA AND VIDHAN SABHA ELECTION, and hence said Government Order is surprisingly not made applicable for him and due to such Illegal Malafide Political Order of the Government without having giving any reasons by office of Chief Minister of Maharashtra being its competent authority of not allowing the transfer order of the said IPS Officer from the said place to some other place the another police officer Sudhakar Pathare who was shown as transferred to the post of DSP, Satara could not take the charge of the said post on the said date of issuance of GR dated 13.8.2024.
6. I say that thereafter the Commissioner of Police Thane under whose the said IPS/MPS officer Sudhakar Pathare was serving as DCP Deputy Commissioner of Police was transferred after one month in the month of September 2024 to some other post but not as the DSP, Satara and very conveniently said IPS Aslam Shaikh was retained in the said post with allegedly some ulterior motives and under some political influence to give alleged favor to the local politicians during the time of LOK SABHA AND VIDHAN SABHA ELECTION and hence public demand to see the how the process of election was held in District Satara.
7. I hereby appeal to this Government that though Chief Minister is the Competent Authority to accept the transfer recommendation of Police Establishment Board but in the case of transfer of IPS Sameer Shaikh from DSP Satara to the place of DCP, Mumbai the former Chief Minister Eaknathrao Shinde had some illegal malafide intention to please the LOCAL politicians of District Satara to retained this police officer at the District Satara to carry on their ILLEGAL DICTATE in the District by the alleged hands of such DSP as there was LOK SABHA ELECTION and VIDHAN SABHA ELECTION was to be held in the state, so public having strong suspicion that police might have use force and pressure in the District places during election and their voice was not attended by the police at the respective time, Citizens of the District had seen favorable attitude was shown by police upon local Political leaders and their Parties of the national state political parties in the District of Satara and therefore the former Chief Minister Eaknathrao Shinde and his ministerial staff like ACS illegally directed the office of DGP except transfer of DSP IPS Aslam Shaikh, all rest of the IPS/MPS police officers has to be transferred to their new establishment without raising any voice by them.
8. We the public of this state even strongly condemned the MUTE ACCEPTANCE Of Transfer Order of the Government by those IPS/MPS Police Officials who had seen in the said GR the favorable approach granted to IPS Sameer Shaikh, DSP Satara who was and now is serving as the DSP, Satara, keeping all rules, laws at the waste box as the said IPS officer is enjoying the Godly Blessings from the hands of office of then Chief Minister who under the powers of Rules of Business and its prerogative powers blatantly breached violated and abused the law of this land and had given clear cut favour to the said IPS Aslam Shaikh who even without understanding the plight of all other transferred police officers, very conveniently enjoyed the postings of DSP Satara whereas the said officer could have legally accepted his new postings as DCP, Mumbai but such officer has not done it so and hence he even can be said a instrumental to halt his transfer by using alleged POLITICAL PRESSURE OF HALTING HIS TRANSFER ORDER whereas other Disciplined IPS Officer like Pankaj Deshmukh DSP Pune Rural while seeing the illegal political move of the Government to transfer him from his existing post within tenure of 2 year who approached the CAT authority and got the stay of the transfer order and smashed the slap on the face of the Governments Political motivated Police Transfer Order.
9. Surprisingly in the said District Satara one lady IPS police officer named Anchal Dalal was serving as Additional Superitendant of Police and who also served as Asst. DSP also in the District was also transferred but existing DSP Sameer Shaikh was not given him the transfer order which was a shock to new IPS Officer like this Anchal Dalal.
10. When will be the IPS/MPS police officials of the State of Maharashtra will woke up to raise the voice against POLITICAL PRESSURE and what does the State IPS/MPS Association is doing, surprisingly DGP of the State is the President of the said Association, which is big mockery on the face of it.
11. We hereby appeal to the People of this State, that this Government is without following the law very political interest conveniently suitably appoints their Favorable IPS/MPS police officials to their respective District as a DSP who then can help the local politicians to help their illegal dictum and today we have witnessed to the Serious Crime Incidents being committed at District Parbhani and Beed wherein the local politicians who were instrumental to install their favaurable IPS/MPS Police Officers as DSP at these District places, who were very conveniently ignored to take the complaints of the citizens, as the public were subject to face serious offences like murder, extortion and other ransom cases. At Beed District lawful local politician Sarpanch Deshmukh who was brutally murdered but no action was taken againt the main culprit by the office of DSP, Beed, and even at Parbhani District local Dalit activist is murdered by the police torture in the custody and still no case of murder charge was levelled against the police officials by the office of DSP, Parbhani. So in such District the office of DSP are under control of local politicians so the lives and properties of the citizens of the State of Maharashtra is at Stake and hence complete jungle raj is being flourished over here and there is total failure of Rule of Law is seen to be existing and hence we the public at large is decided to come on the street to protect the Constitution of India and its Parliamentary Democracy while surrendering our lives for the nation to uphold the human values of the citizen of our nation.
12. We are seeking justice at the doorstep of the citizen of this nation.
Public appeal and for the public interest purpose.
Yours truly
Ad. Anil Bugde, High Court, Bombay
(Complainant)
