A long wait for justice in a case that dragged on for fourteen years finally brought good tidings to 2002-batch IPS officer Satish Gajbhiye when all charges against him were dropped in court. More than a decade later, the cop finally got his name cleared from an accusation that wrecked almost 10 years of his life!
Indian Masterminds got in touch with Mr. Gajbhiye and gathered the following information.
THE INCIDENT
Around fourteen years ago, senior militant Maoist leader Sriramulu Srinivas alias Sudarshan, a central committee member of the CPI (Maoist), was arrested in Malkangiri district of Odisha. The officer who was in charge and executed the entire plan of nabbing the hardcore militant Maoist, Mr. Gajbhiye, received praises at that time from the entire country.
Not only the government of Odisha but also the government of Andhra Pradesh heaped praises on him because the nabbed Maoist was wanted in multiple cases related to Naxal activities in the state.
Mr. Gajbhiye was then posted as the Superintendent of Police in the Malkangiri district. The Maoist leader carried a large bounty on his head in both states. The amount was meant to be given either to civilian informers who provide information about the Naxalite or to be given to the Naxalites if they surrender.
After the arrest was made, the Andhra Pradesh government released the full sum to the state police headquarters, which released Rs 3.55 lakh to the Malkangiri Superintendent of Police with instructions to pay part of it to the policemen involved in the operation. As a result, Rs. 1,55,000 were to be remitted to six police personnel who actually took part in the arrest, as reward money. The specific reward amount of each of these policemen was indicated and the balance amount was to be paid to civilian informers.
THE ACCUSATION
However, a few days later, the entire story took a different turn when the Odisha police department accused Mr. Gajbhiye of ‘siphoning’ off the reward money that was meant to be handed over to six police officers and two civilians who had acted as informers.
Though they had allegedly accepted the money, three of them later accused Gajbhiye of not paying them their share. The complaints of the police personnel for alleged non-receipt of the reward amount became the main cause of action in the case. A departmental inquiry was launched in the case and the IPS officer was declared ‘guilty’ of the deed. Consequently, his promotion was stalled on at least three occasions.
His supposed ‘guilt’ was ‘proven’ without conducting or following any proper procedure laid down in law. The worst part of the entire case was that Mr. Gajbhiye was not even given an opportunity to defend himself in court.
A DECADE LONG BATTLE
In order to get his name cleared from an accusation that ruined his life and reputation, Mr. Gajbhiye fought a decade-long legal and administrative battle.
The inquiring officer at the time, DIG (Intelligence) IPS officer Sanjeeb Panda, who was assigned the duty to find out as to whom the money had been disbursed and who had sought a detailed preliminary inquiry report, had carried out the inquiry without any approved powers, without the disciplinary authority’s order, which is necessary for an inquiry to begin.
At that time, the then Chief Minister, who also held the portfolio of Home, was the disciplinary authority of the IPS officers as per the provisions of the All-India Services (Discipline and Appeal) Rules, 1969. The rules clearly empower only the disciplinary authority – both at the state and Central level – to carry out any disciplinary action. These rules were flouted in Mr. Gajbhiye’s case.
The Odisha high court, when hearing Mr. Gajbhiye’s case, raised concerns over the amended rules. It said, “The validity of these rules doesn’t seem to have been successfully challenged till now.”
THE VICTORY
Finally, after a long and tiresome battle of over 10 years, Mr. Gajbhiye was proven innocent and got back the honor that was taken away from him, years ago. The state government, following the Supreme Court’s order, will now have to grant Mr. Gajbhiye the three pending promotions and other benefits that were earlier denied. He is now set to become an Inspector General.
The landmark judgment in Mr. Gajbhiye’s case will set a precedent for superior officers to strictly comply with the procedure while initiating a departmental inquiry against IPS officers.
