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Bhatia files writ in Bombay HC demanding CBI probe against chief secretary

Michael Gonsalves in Pune

Controversial former Pune municipal commissioner Arun Bhatia on Friday filed a criminal writ petition in the Bombay high court praying for an order to the Central Bureau of Investigation or the Pune police to register an FIR against the alleged irregularities committed by the Maharashtra chief secretary Arun Bongirwar during his stint as Pune municipal commissioner.

The petition, filed through advocates Amit Bhowmick and N P Bhog, will be heard by the high court bench comprising Justices N J Pandya and S S Parkar on August 2. Notices have already been served on the chief secretary.

Bhatia was appointed PMC commissioner but he was shifted to the state archives department, Bombay when he ordered the demolition of several alleged illegal structures, including one at five-star Holiday Inn Hotel. However, following a public outcry, some public spirited citizens of Pune had moved the Bombay high court which ordered Bhatia's re-instatement.

But on June 9, 1999, the PMC had passed a resolution demanding his removal from the post.

Not cowed down by the high-handed attitude of the state government which transferred Bhatia once again to the state archives department, a bunch of public interest litigation, challenging Bhatia's transfer to the archives department, has been filed before a bench, headed by Chief Justice Y K Sabarwal. The case will come up for hearing in the routine course next week.

While advocate J S Jadhav's PIL states that Bhatia's transfer was a "mala fide" decision taken by Chief Minister Narayan Rane, the other one filed by a group of Pune citizens led by N G Paranjape has questioned the powers of the corporators to pass a resolution urging for a recall of his removal.

A third PIL filed by former bureaucrat-turned-social activist Avinash Dharmadhikari, who had earlier successfully led the 'Bring back Bhatia' mass agitation in Pune, alleged that Bhatia's transfer was a mala fide action of the state government.

The PILs have stated that Bhatia was transferred only to safeguard the interests of corporators, after he launched a movement for cleansing the civic administration.

Bhatia, in his capacity as municipal commissioner, filed an FIR at the Deccan Gymkhana police station against Bongirwar, for alleged corruption in awarding the PMC's road works contracts.

However, an offence under this FIR has yet to be registered by the police, despite Bhaita having provided them with related court judgments.

While submitting the FIR, Bhatia had stated clearly that if the offence is not registered he will initiate necessary legal action. Accordingly, he has now moved the Bombay high court seeking investigation by the CBI and has sought a writ of mandamus under Article 226 of the Constitution, against Pune Police commissioner K K Kasyap and police inspector Kondalkar for failing to register an offence against the chief secretary in the case of alleged corruption. The state government has also been made a respondent in this case.

In his writ, Bhatia has extensively quoted from the three judgments of the Pune civil court, Pune district court and the Bombay high court.

The original case relates to the awarding of road works contracts of the PMC in 1986 when Bongirwar was PMC commissioner. The PMC had sought tenders for road works worth Rs 2.5 million. The PMC actually issued work orders to the tune of Rs 20 million in response to the tenders received. Even while awarding the contracts, a select group of contractors were given the work orders while other tenders were ignored.

One of the contractors moved the court against the arbitrary awarding of the contracts and the Pune civil court passed strictures against Bongirwar. In his appeal against the lower court order, the Pune district court also passed strictures in the case. Bongirwar then moved the Bombay high court and sought to expunge the strictures. But the high court dismissed his appeal.

Citing these events in the writ, Bhatia has given information relating to his submitting of the FIR. After Bhatia submitted the FIR, the police went to his house in the early hours and tried to seek details relating to the FIR. When Bhatia refused to respond to the police request at such odd hours, and insisted that the police should come to his office instead, an offence was registered against him, alleging that he used abusive language against the police.

Bhatia has stated that the police inspector Kondalkar bears animosity against him as he has cited a complaint relating to the "clinical waste" case which was registered in the Deccan police station.

In that affair, PMC officials were allegedly threatened by the police to withdraw the cases against the hospitals. Bhatia immediately swung into action and upon his direction an FIR against the concerned police official was filed.

Bhatia said his FIR was supported by documentary evidence. "Despite this, the police have not registered an offence. The Pune police commissioner is adopting an ostrich-like stance... The excuses made for shirking of duties by the police in registering the case are, at best, feeble... Commissioner K K Kashyap has abused his authority by suppressing and aborting the registration of the said complaint as an FIR", the writ has stated.

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