Maharashtra Government to implement the recommendations of J D Virkar, the then Director General of Police (Anti-Corruption Bureau) in 2005 and 2006 to initiate action against Poojari.
The court felt this essentially is a service matter, in respect of which PIL should be eschewed. At the same time, the judges said, it has come on record that inquiry in respect of the circumstances referred to in communications of Virkar, including alleged links of Poojari with underworld, has been inquired into at the departmental level and it was decided that no action was necessary against him.
"However, departmental proceedings have since been revived in the wake of opinion expressed by the Police Commissioner in his office order dated September 16, 2010, copy whereof was produced before us, directing denovo inquiry," the judges noted.
"In that case, the prayer under consideration is worked out. In the said inquiry, we have no manner of doubt that all aspects will be considered in accordance with law. Accordingly, we decline to entertain even this prayer, in the fact situation of the present case, assuming that such prayer could be entertained in a PIL", the bench observed.
During the course of hearing, the judges had summoned Additional Commissioner of Police Niket Kaushik to personally appear and assist the Court in informing whether an inquiry had been conducted against the officer for alleged underworld links and if yes then what was the outcome of the probe.