P K Jain, member of the SPCA and retired additional director general of police lead the hearing on Tuesday, since retired Justice A V Potdar was not in.
Taking heed of a complaint, the State Police Complaint Authority (SPCA) has asked a deputy commissioner of police (DCP) to appear before it on January 9, 2019, for allegedly hitting an RTI applicant during a hearing. The SPCA also said in its hearing on Tuesday, that if the DCP fails to attend or represent itself, then summons will be issued or orders will be passed ex-parte.
P K Jain, member of the SPCA and retired additional director general of police lead the hearing on Tuesday, since retired Justice A V Potdar was not in. Kalyan resident and RTI applicant Kailash Govind Avhad had filed a complaint with the SPCA against Sandeep Palve, DCP, Thane.
Avhad had alleged that Palve beat him up in the capacity of first appellate authority when he had visited him for his first appeal hearing. DNA had reported in its January 28, 2018, issue about the state information commission (SIC) calling for an inquiry against Sandeep Palve, who was the then DCP (traffic) in Thane. The SIC had asked the Home department or the police to conduct an inquiry and until that is done, to strip his powers of hearing the first appeal.
At the hearing, Avhad was assisted by Shailesh Gandhi (former central information commissioner) and Bhaskar Prabhu. Gandhi and Prabhu told the panel that despite Avhad approaching various authorities, no action was taken until the commission ordered an inquiry a year later. When the inquiry was undertaken, medical reports revealed that injuries were not taken into consideration and Avhad was not called for the hearing.
Gandhi said that in a first appeal hearing where applicants are not allowed, and a junior officer never testifies against his boss, there was no case of a witness being available. Prabhu said that it was also not right for the DCP to threaten a criminal case as it amounted to intimidation.
When Jain asked the police to comment on claims of no action being taken, the inspector said that the complainant did not approach him. Jain then gave another date for the DCP to appear and present his case and said that summons will be issued and an ex-parte order will be given if the DCP fails to abide.
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