3 years after announcement,police complaint authority a non-starter

A government resolution dated July 25,2008 explains the powers and function of the complaint authority as “looking into complaints against police officers in respect of misconduct,dereliction of duty,misuse of power,corruption,negligence or any matter which may be referred to it by the State Government”. The mechanism was introduced after a 2006 Supreme Court judgment (Prakash Singh versus Union of India) directing constitution of a state police complaint authority and a district police complaint authority.

Government pleader Venkatesh Dhond on Friday admitted that while “there is a government resolution on the subject,the body is yet to be constituted.”

While the state level police complaint machinery is expected to be headed by a retired judge of the Bombay High Court or a retired police officer of the DGP rank,with members from the state government and a person of eminence appointed by the state government,the district police complaint authority will function under a retired district judge.

A Home department official said the issue was complicated. “The government is yet to decide if it needs to appoint a district-level panel or stick to the regional level. We are still contemplating as we are not sure if there will be enough complaints against officers in the district level to constitute a separate machinery or should it be clubbed under a state body.”

Justice Marlapalle pointed out that none of the complaints against Baijal had been put up before the complaint authority,which was a “serious error” on the government’s part. He said in the absence of an inquiry into complaints against an officer,the transfer order suffers from malice in law.

Court orders Baijal’s posting at Detective Training School

The Bombay High Court on Friday set aside the Maharashtra Administrative Tribunal (MAT) order and asked the state government to accommodate Harish Baijal as the deputy director of Detective Training School,Nashik. The post will fall vacant on January 1,2012. Baijal been asked to continue in Thane till December 31,2011. Justice Marlapalle also said in his order that none of the complaints against Baijal should form part of his service record till they are inquired by a competent authority,either by a retired judge or a body constituted according to the precedent set by a 2006 Supreme Court judgment.