1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.1552 of 2002 1.The State of Mah. & ors. .. .. Petitioners (Orig. Respondents) v/s. Shri Rajaram K. Patil. .. .. Respondent (Orig. Applicant) Mr.N.P. Deshpande, AGP for Petitioners. ---- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 21st August, 2009 P.C. : 1.This Petition was admitted on 24.11.2003 and subsequently, by a common order dated 8.9.2005, connected writ petitions came to be decided by this Court and the Original Applications came to be remanded to the Maharashtra Administrative Tribunal (for short MAT ) for fresh decision by relying upon the judgment of this Court in the case of State of Maharashtra & anr. vs. Dilip Anant Surve, 2005 (3) Mh.L.J. 1998. The impugned order arises from Original Application No.630 of 2000 and MAT held that the departmental inquiry against the Police Officer of the rank of Inspector and below was required to be conducted by a Special Officer and on that ground alone the inquiry conducted against the Respondent was held to be vitiated and consequently, the order impugned in the said Original 2 Application came to be quashed and set aside. However, by following the law laid down by this Court in the case of State of Maharashtra & anr. vs. Dilip Anant Surve (supra), the Full Bench of MAT has held that even a Police Officer is competent to be appointed as an Inquiry Officer, if the delinquent Police Officer is of the rank of Inspector or below. The said law is applicable in the instant case as well. 2.The Respondent was served and we have perused the affidavit of service placed on record. The Respondent has not caused his appearance either in person or through an Advocate. 3.Hence, this Petition succeeds and the impugned order passed by MAT in Original Application No.630 of 2000 is hereby quashed and set aside. The said Original Application is remanded to the MAT, Mumbai Bench, for fresh decision on merit, as has been stated in our earlier order dated 8.9.2005. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]