Tuesday 11 May 2021
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Vaze to be dismissed from service without departmental probe

Mumbai Police will invoke provisions of Article 311 (2) (dismissal, removal or reduction in rank) of the Constitution to dismiss Sachin Vaze

The city police are in the process of dismissing assistant police inspector Sachin Vaze from service following a report submitted by the NIA on his involvement in the planting of explosives in a Scorpio near industrialist Mukesh Ambani’s residence and the subsequent murder of the vehicle owner.

Mumbai Police will invoke provisions of Article 311 (2) of the Constitution of India to dismiss Vaze. Article 311 deals with dismissal, removal or reduction in rank of those employed in civil capacities under the Union or a state.

Under the article, the competent authority has the power to dismiss an erring officer in the larger interest. If the authority is satisfied the official can be dismissed, they have the power to take action without conducting a departmental probe.

“In the normal course, the competent authority has to hold a departmental inquiry and get charges proved before dismissing an officer. But in some cases, this condition can be waived if it is likely that witnesses to be examined against such an officer are afraid of him or there is a threat to life to give a statement because of the position held by him. So the officer can be dismissed,” said advocate Arvind Bandiwadekar who practices at MAT.

“We have received the report from NIA on Vaze’s role and invoking of UAPA. Vaze was involved in anti-national activities (planting explosives), which is enough material to proceed for dismissal. We have started the process and are taking legal opinion,” said an IPS officer. Vaze’s past including his involvement in the custodial death of 2002 blast accused Khwaja Yunus and suspension of 17 years will also be taken into account, an official said.

Vaze has alleged that top Maharashtra ministers asked him to extort money from businessmen and establishments, echoing similar charges by former Mumbai Police Commissioner Param Bir Singh that the Central Bureau of Investigation (CBI) is probing. The Maha Vikas Aghadi (MVA) government has denied the allegations.

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