# The Senior Inspector of Police and Ors. vs Shri \[name withheld\]

HTML version: [https://datalibertarian.in/babuwatch/incident/CW-2005-0006](https://datalibertarian.in/babuwatch/incident/CW-2005-0006)

## 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.
- Source orders: [Judgment / order (primary source)](https://indiankanoon.org/doc/665528/); [Permanent link to this record](https://datalibertarian.in/babuwatch/incident/CW-2005-0006)

**Record:** CW-2005-0006 (compiler id CWC-0242); case MAHARA-009
**Title:** The Senior Inspector of Police and Ors. vs Shri \[name withheld\]
**Court:** Bombay High Court; judges: R.M. Lodha; R.S. Mohite
**Case number / citation:** Writ Petition against MAT order dated 12.11.2002 in Original Application No. 602 of 2002 / 2005(5) Bom CR 294
**Judgment:** 2005-04-01 (2005, day precision)
**Incident date:** 1993-05-28 (1993)
**Place:** Pune, Maharashtra; city town: Pune; police station or unit: Khadki Police Station, Pune; force: state_police
**Category:** Bribery & extortion
**Sub-category:** bribery pc act
**Outcome:** Disciplinary action upheld (disciplinary_upheld)
**Sections:** Prevention of Corruption Act 7; Prevention of Corruption Act 13(1)(d) read with 13(2)
**Officers (gated display forms):** Head Constable, Khadki Police Station, Pune (1 in record)
**Victims:** Pune man (1 in record)
**Sentence / compensation:** dismissal
**Sentence type:** dismissal (dismissal)

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.

> 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 Court.'

**Sources (1):** [indiankanoon.org](https://indiankanoon.org/doc/665528/)
**Verification:** V2 · Externally reported
**Review:** Solo Staff combined review (one combined attestation) — not yet recorded
**admin category:** corruption
**admin subcategory:** bribery_pc_act
**allegations:** {'category': 'Other', 'primary': True, 'position': 'Material fact supported', 'position_explainer': 'Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.', 'official_finding_relation': 'supports allegation'}
**anonymised:** False
**court quote para:** null -> '19 (quoting K.C. Sareen v. CBI, AIR 2001 SC 3320)'
**display title redacted:** The Senior Inspector of Police and Ors. vs Shri \[name withheld\]
**followup history:** {'date': '2026-09-19', 'scope': 'Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass', 'method': 'skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl)', 'result': 'wrong_facts', 'corrections_applied': \['court_quote', 'court_quote_para'\]}
**followup status:** checked
**institutional response:** {'date': '2005-04-01', 'action_type': 'Order issued', 'status': 'Concluded', 'authority': 'Bombay High Court', 'independence': 'External', 'legal_effect': 'Binding', 'description': 'The Bombay High Court upheld service punishment imposed on police personnel.', 'disposition': 'Disciplinary action · Procedural only', 'source': '2005(5) Bom CR 294', 'recheck': 'Not yet re-checked.'}
**last checked:** 2026-09-19
**link checked per url:** {'url': 'https://indiankanoon.org/doc/665528/', 'link_checked': None}
**retracted:** {"is_retracted": false}
**service:** police
**source assessment:** {"established": null, "basis": null}
**status:** current
**subcategory display:** bribery pc act
**tier:** Tier A — Externally reported or officially recorded
**tier badge:** Externally reported
**tier history:** Tier A — Externally reported or officially recorded
**verdict:** accept
**verdict note:** Judgment text verified on indiankanoon (doc 665528). Division Bench allowed the State's writ, held the MAT order dated 12.11.2002 legally erroneous, set it aside and dismissed OA 602/2002, restoring the dismissal of a Head Constable convicted under the Prevention of Corruption Act. Accused is police; disciplinary action upheld on merits.
**verification badge:** V2 · Externally reported
**verification status:** V2
**watch:** babuwatch

Status: Disciplinary action upheld.

[Open CW-2005-0006](https://datalibertarian.in/babuwatch/incident/CW-2005-0006)