[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION W.P.NO.8274 OF 2008 Director General of Police Maharashtra State, Mumbai ..Petitioner Vs. Shri.Ashok Baburao Dhawale ..Respondent ... Mr.N.P.Deshpande AGP for Petitioner Mr.N.V.Bandiwadekar for Respondent ... CORAM: BILAL NAZKI AND CORAM: BILAL NAZKI AND CORAM: BILAL NAZKI AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : APRIL 20, 2009 DATE : APRIL 20, 2009 DATE : APRIL 20, 2009 P.C. P.C. P.C. 1. The Respondent was working as Assistant Police Inspector who indulged in smuggling of foreign liquor in a police vehicle under the garb of discharge of his official duty. He was dismissed from service after dispensing with the inquiry in view of sub-section (2) of Article 311 of the Constitution of India. Therefore, he challenged the said order before the Tribunal and the Tribunal set aside the order and gave the liberty to the Petitioner to proceed in the matter if they so choose to hold inquiry in accordance with law. The [-2-] Tribunal has found that no reasons were given and no material was produced as to how the Petitioner came to be conclusion that in the matter, it was not reasonably practicable to hold the inquiry. 2. Even today, the learned counsel for the Petitioner has not been able to substantiate that there was any material with the Petitioner to come to such conclusion. Only on the ground of seriousness of the charge or because of the gravity of the charge, the inquiry could not have been dispensed with. Law on the subject is laid down by the Supreme Court right from decision of the Supreme Court in the matter of Union of India Vs. Union of India Vs. Union of India Vs. Tulshiram Patel; AIR 1985 SC 1416. Tulshiram Patel; AIR 1985 SC 1416. Tulshiram Patel; AIR 1985 SC 1416. For these reasons, we do not find any substance in this petition. Petition is accordingly dismissed. [BILAL NAZKI, J.] [BILAL NAZKI, J.] [BILAL NAZKI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]