JOIN USMaharashtra govt opposes Param Bir Singh's plea in Supreme Court
The Maharashtra government has opposed a plea by suspended former Mumbai police commissioner Param Bir Singh for CBI probe into charges against him, saying he could not be considered as a whistleblower as cases against him were prior to his sensational letter accusing then Home Minister of Rs 100 crore monthly extortion.
A bench presided over by Justice Sanjay Kishan Kaul, which had earlier granted him protection from arrest days after he went missing, is scheduled to take up his petition on Monday.
In response to the top court's notice, Joint Secretary of Maharashtra Home Department, said that the petitioner's own letter of March 20, 2021, cited instances of alleged corruption that took place a few months prior, but he only sought to expose these allegations on March 20, that is three days after he was transferred to the post of DG Home Guards.
"Thus it is denied that the petitioner's letter dated March 20 was issued in the public interest or for a bonafide purpose and therefore it is denied that the petitioner is a whistleblower,” it said.
The petitioner cannot be as such treated as a whistleblower as contemplated under the Whistle Blowers Protection Act, 2014, it maintained.
The state government cited instances of negligence in the performance of service by Singh, among others, which were required to be inquired into, including whether the petitioner failed to control and supervise his subordinate Sachin Waze, arrested by the NIA in view of his involvement in parking an explosive-laden car near the Antilia building, Mumbai, which was found on February 25, 2021.
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The affidavit said that the state government has accorded approval to initiate the disciplinary proceedings against him under the All India Services (Discipline and Appeal) Rules, 1969.
The statement of articles of charges framed against him along with the statement of imputations of misconduct or misbehaviour and a list of documents have been issued, it said.
The affidavit stated that the Bombay High Court had rightly dismissed Singh's plea and he should approach the Central Administrative Tribunal to challenge the departmental enquiry.
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