HC quashes MAT order imposing cost of Rs 20000 on police chief

In a relief to Mumbai police commissioner Rakesh Maria, the Bombay High Court has quashed an order of Maharashtra Administrative Tribunal imposing a cost of Rs 20,000 on him for failing to comply with its order.
Maria had faced the ire of the Tribunal after he failed to comply with its order to decide within eight weeks a representation made by the two suspended constables seeking reinstatement.
A division bench of justices Anoop Mohta and V L Achliya was hearing a petition filed by state government challenging the tribunal's order of March 4, 2015 directing Maria to deposit Rs 20,000 from his personal bank account.

The high court held that the delay was not deliberate nor was there any act committed on Maria's part showing disrespect to the Tribunal or lack of seriousness.
Two former police constables - Tukaram Dere and Harishchandra Thorat - had moved the Tribunal challenging their suspension following a departmental enquiry initiated against them.
The tribunal had on November 18, 2014 directed Maria to decide in eight weeks on the representation made by the two constables seeking reinstatement.

However, when the matter was heard on January 17 this year, the tribunal was informed that no decision was taken by the police chief, following which it directed Maria to file an affidavit explaining the reason behind the delay.

Maria in his affidavit tendered an unconditional apology for failing to comply with the order.
Though the tribunal accepted his apology, it noted that Maria's reply was "deliberate disobedience of the order passed by the tribunal", and imposed cost on Maria. It also imposed cost of Rs 1000 on the police commissioner's legal advisor G H Mohanty.
The high court after perusing the facts of the case and the affidavit filed by Maria before the tribunal said, "We are of the view that the order passed by the tribunal is wholly unjust, improper, unsustainable in law and perverse.
"The bare perusal of the affidavit filed by the police commissioner reflects that the delay was not deliberate nor there was any act committed on his part showing disrespect to the tribunal or lack of seriousness," the bench said.

It added that there was no reason for the tribunal to have interpreted the affidavit as "deliberate disobedience of the order passed by the tribunal".
"In our view, the language employed in the affidavit was neither contemptuous, derogatory nor in anyway reflects the arrogant attitude on the part of the officers," the court said.
The HC said that Maria has in fact assured that his office will henceforth monitor timely compliance of court matters.