MSHRC asks cop to pay Rs 2L for ‘assaulting’ restaurant cashier over refusal to take his order

Taking cognisance of what the order called “alarming and rather shocking news” that appeared in the media, MSHRC member M A Sayeed sought a report on the incident from the office of DCP (Zone VIII), under whose jurisdiction the Vakola police station falls.

While going through the report, the SHRC found that on December 23, Patil had called up the owner of Swagat restaurant – located adjacent to Vakola police station – and ordered food but the owner expressed his inability to take the order.

Patil, who was offended by this refusal, went to the hotel with a colleague and entered into an altercation with the cashier. The order noted that Patil was found guilty of grave misconduct and was suspended the next day.

Observing that the incident fell under the ambit of violation of human rights of the cashier under the Protection of Human Rights Act, 1993, the MSHRC issued a showcause notice to Patil, asking why action should not be taken against him.

In his reply, Patil said that two informants had come to the police station with information about a wanted accused in a case. He added that the two were hungry and asked Patil if he could arrange for food.

Patil said that when he called up the hotel, the cashier spoke to him rudely and said they could not take any more orders. He added that when he went to the restaurant, he found that the kitchen was still operational and that the cashier had lied to him, following which the incident took place.
Sayeed, however, said in the order, “…assertive stand taken by the erring officer as he very conveniently made attempt to shift the burden to the victim. But I am not inclined to accept the aforesaid explanation as evidently, the supervisory authority launched disciplinary action against him as per Rules and placed him under suspension.”

The order observed that Patil made a “fervent prayer” for recalling the showcause notice considering he was already facing departmental action. The prayer was rejected as the showcause notice was issued to find out if the victim’s right to honour and dignity given by the Constitution was violated.

Observing that he had already been suspended by the supervisory authority, the order said an NC registered against him “clearly establishes that the action on the part of the erring officer brings him within the ambit of definition of violation of human rights”.

Accordingly, the order recommended that a compensation of Rs 2 lakh was to be recovered from Patil and paid to the cashier of the hotel within six weeks from the date of the order.

It further recommended that the zonal DCP should consider adding Section 330 of the IPC — which makes torture during interrogation and investigation a punishable offence — against the accused, making it a cognisable offence.