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The Maharashtra Administrative Tribunal (MAT) on Thursday ordered the reinstatement of dismissed encounter specialist Pradeep Sharma and directed the state government to pay him full back wages. Sharma is the second such policeman to find relief in as many days. Another encounter specialist,Ravindra Angre,was released on bail on Wednesday after 14 months in Thane Central Jail in connection with a threat and extortion case.
Sharma was dismissed on August 30 while posted at Dharavi police station for alleged underworld links. He was served the dismissal orders by Mumbai Police Commissioner Hassan Gafoor under Article 311 of Constitution.
I have been vindicated; my name has been cleared. I am awaiting orders for my posting, Sharma said. Director-General of Police S S Virk said,We have not received a copy of the order yet,and so have not taken a call on a new posting or whether the state government will challenge the order.
According to the order,Sharmas case was not one in which he had to be dismissed without a departmental inquiry because witnesses would not be in a position to freely come forward and depose against him for fear of their life.
On the contrary,a private witness Raju Magraj Jham has already given a statement before the police and has even deposed before the 39th Additional Metropolitan Magistrate Court without any fear as far back as in October 2007. Over and above,a senior ACP and a Senior Inspector of Police have also made statements without fear of deposing. In addition,the police have in their possession two intercepted telephonic conversations of gangsters Chhota Shakeel and Ravi Pujari,which will have to be proved by police, the MAT order said.
The tribunal observed that three accused Iqbal Attarwala,Arif Bhaijan and Bachhi Singh had given statements against Sharma and were not apprehensive of deposing before anyone. Under these circumstances,we are clearly of the view that dispensing of departmental inquiry is merely a cloak or ruse or pretence to avoid a departmental inquiry, the order said,adding the police are still at liberty to hold one.
An officer of the 1983 batch,Sharma has gunned down 112 criminals. He has always been controversial. He was once probed for the alleged custodial death of 2002 Ghatkopar bomb blast accused Khwaja Yunus. He was later exonerated by the CID.
On April 9 last year,the state ordered a probe into allegations made by Shiv Sena leader Ramdas Kadam that Sharma was hand in glove with Dawood Ibrahim and had amassed property worth Rs 5,000 crore. Kadam had also alleged that Sharma was involved in slum rehabilitation schemes and had linked him to matka boss Pappu Sawla.
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