PANJIM: A lady police sub-inspector, who was dismissed from service for demanding a bribe, has attacked the Police department for framing her with the oblique motive to get rid of her from the police department, lest she identified the black sheep in the department or expose them.
Terming her dismissal as a slur on her career and personal life, the former PSI Sandhya Gupta in her petition before the High Court of Bombay at Goa, challenged her dismissal from service by the Director General of Police. Gupta submitted that she was neither caught while accepting bribe nor any trap was laid to catch her nor was she is guilty of any misconduct, even while maintaining that she is innocent and there is a conspiracy behind lodging the complaint as well as registering it.
When the matter came up for urgent circulation before the single judge Justice RS Mohite, the Court granted liberty to the petitioner to mention it during vacation. The vacation of the High Court starts from October 5.
It must be recalled that Gupta, who was appointed to the post of PSI on July 29, 2002 and later in 2005 posted as PSI, Anti Narcotic Cell police station was dismissed from service by the DGP on October 10, 2007 under Article 311 (2) (b) of the Constitution of India. However, Gupta in her petition submitted that the DGP's order is malafide, arbitrary, perverse and in colourable exercise of power and authority, which has resulted in miscarriage or failure of justice as she was dismissed without holding any inquiry or without informing her of the charges or without affording her a reasonable opportunity of being heard in request of the charges leveled against her.
She was dismissed from service based on a complaint by one Lajwanti Datwani, whose son Sunil was arrested and booked under Narcotic Drugs and Psychotropic Substances Actby Gupta after a raid on a rave party on September 23. At that time she was in charge of ANC police station as the regular incumbent had proceeded on three days leave.
On October 8, 2007, Lajwanti lodged a complaint against Gupta with the Anti Corruption Branch, Panjim, that she demanded Rs 40,000 as a bribe on September 28, 2007 for showing leniency to her arrested son. This Gupta claims is a false complaint.
It is alleged by Gupta in her petition that while investigating Sunil, she found that he is in the drugs trade and has so high connections that he can influence the course of investigation. It is further submitted by Gupta that Lajwanti hatched the conspiracy of filing a false complaint against her for taking bribe to ensure that she is rid of the investigation.
Incidentally, during her tenure in the police, she was commended several times for her good performance and for being part of the raiding parties, which successfully conducted narcotic raids and raid on sandalwood smuggling at Canacona. Later, during her deputation to Signal Training Centre, Border Security Force, Gwalior in 2007, she received reward of Rs 10,000 for her decision-making, excellent supervision, command and control over the recruits. On February 16, 2007, she received cash reward of Rs 5000 for displaying extraordinary courage and boldness in dealing with the death incident of a recruit constable by fall from a running train in Maharashtra.
While senior counsel Surendra Dessai along with Shivan Dessai appeared for the petitioner, Advocate General Subosh Kantak was the counsel for the DGP.
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