Bombay High Court
Smt. Shamal Ganesh Chavan vs State Of Maharashtra Through Its ... on 6 May, 2021
Bench: K.K. Tated, N. R. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO. 96431 OF 2020
Smt. Shamal G. Chavan ...Petitioner
V/s.
State of Maharashtra and ors. ...Respondents.
Mr. Vishwasrao S. Deokar for the Petitioner.
Mr. Karan S.Thorat, AGP for the Respondent - State.
CORAM : K.K.TATED &
N.R. BORKAR, JJ.
DATE : 6.5.2021.
P.C. :
1. Rule.
2. By consent of the parties, the matter is heard fnally.
3. By this petition under Article 226 of the Constitution of India,
the petitioner challenges the action on the part of the respondents
of withholding the salary from 1.8.2019.
4. The husband of the petitioner namely Ganesh A. Chavan
who died on 15.7.2009, was serving as "Head Constable" with
State Reserve Police Force, Mumbai. At the relevant time, the
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deceased was discharging his duties in Nexalite area of Gadchiroli
District.
5. On 15.7.2009, the deceased Ganesh Chavan was on
patrolling duty with PSI Wadatkar, who was in-charge of BRO
Camp at Medapalli, Tal. Bhamragad, Dist. Gadchiroli. At about
10.00 a.m., PSI Wadatkar received an intimation that one State
transport bus got stuck in the mud. He was asked to reach there
alongwith his team. A request was made to Ofcer of Border Road
Organisation to provide Tipper (Truck) so that the bus can be
pulled out with the aid of the said Tipper. PSI Wadatkar and his
team then came to the place where the rescue operation was to
be carried out. They then pulled out the bus from the mud. It is
admitted position that while PSI Wadatkar and his team members
were returning to their camp after completion of the rescue
operation, the Tipper, in which they were travelling, swept away
in the river Pamulgautam, while it was crossing the bridge of the
said river. Police Sub Inspector Dhede, Constable Patil, Constable
Harishchandra and the deceased Ganesh Chavan died in the said
incident.
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6. The respondent No.3, after the death of the deceased
Ganesh, started paying the salary to his family which the
deceased Ganesh was receiving at the time of his death, in terms
of Government Resolution dated 29.11.2008. The Respondent
No.3, however, stopped paying the said salary to the family of the
deceased Ganesh from 1.8.2019. The said action of the
respondent No.3 is impugned in the present Petition.
7. Respondent No.3 has stated in it's Afdavit-in-Reply that
they stopped paying the salary to the family of the deceased
Ganesh in view of the order passed by the respondent No.1 dated
20.7.2019. It appears from the letter dated 29.11.2019 (annexed
to Afdavit-in-Reply) that respondent No.3 has submitted
proposal to respondent No.1 to review it's decision dated
20.7.2019 .
8. Be that as it may, the respondent No.1, in its afdavit-in-
reply, has stated that they received a proposal from the ofce of
Director General of Police, Maharashtra State on 12.5.2010 for
appropriate orders regarding sanctioning compensation and other
benefts to the family of deceased Ganesh Chavan. It is stated
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that by letter dated 3.6.2019 they instructed the Ofce of Director
General of Police to submit information regarding help given to
families, the status of compassionate appointment to the
members of deceased families and status of FIR registered at
Lahiri Police Station in relation to incident in question.
Respondent No.1 has stated that on perusal of information
submitted by the Commandant, SRPF and on perusal of the
decision of JMFC, they found that the driver of the Tipper truck
was charged with an ofence punishable under section 279, 337 ,
304 (A) of the IPC. It is further stated that the learned JMFC has
observed in it's Judgment that the death of four police personnel
was result of error of accused driver in taking rational decision and
convicted him under section 304(a) of IPC. Respondent No.1 has
stated that in the aforesaid backdrop, the proposal submitted by
the Ofce of Director General of Police came to be rejected by
order dated 20.7.2019.
9. We have heard learned counsel for the petitioner and the
learned AGP for the respondents-State.
10. Admittedly, after the death of the deceased on 15.7.2009,
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the respondent No.3 started paying the salary to his family, which
the deceased was receiving at the time of his death, in terms of
G.R. dated 29.11.2008.
11. It appears that, then on 12.5.2010 a proposal was submitted
to respondent No.1 with a request to accord compensation and
other benefts to the family of the deceased Ganesh in terms of
G.R. dated 29.11.2008. After submission of said proposal, certain
additional information was sought from the Ofce of Director
General of Police including the copy of FIR which was lodged in
relation to the death of deceased and copy of the decision of the
Court in relation to the trial arising out of the said FIR.
Accordingly, a copy of the judgment delivered by court of JMFC,
Aheri was submitted to respondent No.1. The respondent No.1
then rejected the proposal submitted by respondent No.3 by
order dated 20.07.2019. The respondent No.3 thus stopped
paying the salary from August, 2019, which was being paid to the
family of the deceased in terms of G.R. dated 29.11.2008.
12. We have perused the order dated 20.7.2019 passed by the
respondent No.1. The respondent No.1 has rejected the proposal
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as the learned JMFC convicted the driver of Tipper for the ofence
punishable under Section 304A of the Indian Penal Code. In our
view, the issue of conviction or acquittal was irrelevant for the
purpose of deciding the proposal. The only question which was
required to be considered by the respondent No.1 in terms of G.R
dated 29.11.2008 was, whether the deceased had died, during
anti-nexal operation, anti terrorist operation or rescue operation?
Admittedly, the deceased died while the deceased and other
police personnel were returning to their camp after carrying out
the rescue operation.
13. Considering the facts and circumstances of the case, in our
view, the order dated 20.7.2009 cannot be sustained.
Consequently, the order dated 20.7.2019 is set aside. In the
result, the following order is passed.
a. Petition is allowed.
b. The order of respondent No.1 dated 20.7.2009 is set
aside.
c. The respondents are directed to accord the benefts to
which the family of the deceased Ganesh Chavan is entitled
to in terms of G.R. dated 29.11.2008.
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d. The arrears of salary from August 2019 shall be paid
within two months from today.
e. Rule is made absolute in the aforesaid terms.
f. No order as to costs.
[N.R.BORKAR, J.] [K.K.TATED, J.]
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