Sachin Waze, Assistant Police Inspector in Mumbai Police was dismissed from service by the Mumbai Police Commissioner under Article 311 (2) (b) of the Indian Constitution.
He was then arrested by the NIA in connection with Mukesh Ambani Terror Scare case and also in relation to the murder of Mansukh Hiran.
Ambani Terror Scare case
On 25th February 2021, 20 Gelatin sticks were found in a vehicle parked outside the residence of Mukesh Ambani residence, Antilia. He was provided Z-plus security cover, the highest protection cover Government of India provides to individuals facing threats. Sachin Vaze was the first investigating officer in the Ambani Terror Scare case.
Waze is an encounter specialist. He is involved with deaths of 63 alleged criminals. He was suspended for 17 years after his arrest in the custodial death of Khwaja Yunus. He was later granted bail and was reinstated in June 2020.
Sachin Waze led the police team in the arrest of Republic TV Chief Arnab Goswami.
This Article speaks about the removal or reduction in rank of person employed under GoI in civil capacities. It acts as a safeguard for civil servants. It gives them chances to respond to charges filed against them.
Article 311 (1)
It says that a person who is a member of civil service of the Government of India (Union or state) shall only be removed by the authority who appointed him or her.
Article 311 (2)
He or she should be informed about the charges filed against him. He should be given opportunity to explain his or her side of argument.
When is inquiry prescribed under Article 311 (2) not required?
It is not applicable when
- Article 311 (2) (a): The Accusation is under criminal charges
- Article 311 (2) (b): If the authority empowered to dismiss him or her is satisfied to remove him
- Article 311 (2) (c): If the President or Governor feels that it is not practical or convenient to hold an inquiry in the interest of the security of the state.
Article 311 of the Constitution Article 311 of the Constitution