:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION GUARDIANSHIP GUARDIANSHIP GUARDIANSHIP PETITION NO. 65 OF 2008 PETITION NO. 65 OF 2008 PETITION NO. 65 OF 2008 Mr. Manmohan Kewal Mishra. ...Petitioner. V/s. Francis Misquitta & Anr. ...Respondents. Mr. S.R. Saudagar for the Petitioner. Mr. Prashant Patil i/b. C.P.S. & Associates for the Respondents s Mr. Milind More, A.G.P. for Respondent - State. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 10TH 10TH 10TH DECEMBER 2008. DECEMBER 2008. DECEMBER 2008. P.C. P.C. P.C. : : : . At the request of Mr. Saudagar, allowed to be withdrawn and dismissed as such. 2. In this matter, records were called for from D.N. Nagar Police Station in Accidental Death Report (A.D.R.) No.177/2000, it appears that the record was not made available to the Court as it was stated orally that the same was destroyed in the floods of 26th July 2005. 3. Thereafter, further clarifications were called for and the Inspector of Police attached to D.N. Nagar Police Station, Andheri (West), Mumbai has filed an affidavit stating that the record is not available. From a perusal :2: of this affidavit, it is apparent that the Deponent is not clear whether the Record in the subject ADR is destroyed in the flood or not. On the other hand from the affidavit it appears that the concerned Police Station has been totally negligent in maintaining the records. The affidavit shows that specific rules and guide-lines are framed whenever Senior Officers of the Police are transferred from one Police Station to another. The Officer Mr. Anil Bhise, who is transferred from this Police Station was duty bound to hand over all papers to the Senior Police Inspector of the Police Station. However, the Police Inspector (Crime) Anil Bhise has stated that he has already handed over the papers to the Senior Police Inspector of the Police Station. However, another Police Sub-Inspector Mr. Kuwalekar, who was carrying on the investigation in the subject-case, under the supervision of Mr. Bhise has given another version inasmuch as he states that the papers were handed over to Mr. Bhise as the matter was very serious but thereafter it is not clear as to whether he handed over the Records back to the D.N. Nagar Police Station. From the version of Mr. Kuwalekar and one Mr. Suresh G. Rao Rane, it appears that none is sure as to whether the records have been handed over by Mr. Bhise on his transfer to another Police Station. 4. The floods may have destroyed the other records but it is abundantly clear from a reading of this affidavit :3: that the said reason has been put-forth only to cover up the casual and indifferent manner in which the records are maintained in this Police Station. 5. Records of serious crimes cannot be handled and maintained in such a manner. It there are rules, guide-lines and some practices evolved over a passage of time, then adherence thereto is a responsibility of the Officers attached to the concerned Police Station. They cannot avoid responsibilities by taking shelter under orders of transfers and postings. 6. It appears to me prima-facie that the concerned Police Officials have been negligent and have failed to perform their Duty as far as maintaining and keeping the records. In such circumstances, the Joint Commissioner of Police (Administration) shall carry out an investigation in this matter and after holding the necessary investigation and enquiry, fix responsibility on the erring Officials. He shall do so within a period of three months from today. Needless to state that the enquiry be held in accordance with the principles of natural justice and after giving opportunity to all concerned. The Joint Commissioner of Police or the concerned Disciplinary Authority must inflict such punishment as is provided by the Rules and also take steps to enter the concerned lapsed or punishment in the service records of the Officer/s so that at the stage of promotion and transfer, :4: so also sensitive postings, the Authority can take the same into consideration. 7. Petition dismissed. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)