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2018 DIGILAW 452 (BOM)

Sunil Bhagwantrao Toke v. State Of Maharashtra

2018-02-14

BHARATI H.DANGRE, S.C.DHARMADHIKARI

body2018
ORDER 1. After hearing this matter and considering the grievances raised in the public interest litigation, we hope and trust that the deponents of the two affidavits, namely, Shri. Amitesh Kumar-Joint Commissioner of Police (Traffic), Mumbai, who has filed an affidavit at page 207 of the paper book as also the deponent of the further affidavit Mr. Ashok Dudhe, Deputy Commissioner of Police (Traffic) Mumbai will inform the public at large their mobile numbers, on which, they can be accessed by the members of the public about complaints of traffic police or constables seeking bribe from drivers of two wheelers and four wheelers or heavy vehicles etc. The members of public are free to also access these numbers in the event they find a traffic constable otherwise misbehaving with the members of the public or not found on duty at the traffic posts. Equally, they can complain about such of the traffic police or constables, who are posted on duty, but are found talking on mobile phone with each other instead of helping and assisting in the smooth flow of vehicles. Those allowing or ignoring unauthorised and illegal parking, not towing away such vehicles, particularly parked on the pavement, footpaths adjacent and opposite to well known shops, restaurants, malls, residential buildings etc. are equally guilty of neglecting their duties. Corruption and misconduct is not only accepting money or cash but allowing above illegal activities to flourish in lieu of benefits and gifts from the vested interests. 2. The duties of the traffic police are well defined and documented. We do not think that deponents of these affidavits need to be appraised of the manual or the instructions and duties which are set out therein, particularly of the traffic police. Any dereliction of duty or absence therefrom without justifiable cause should be termed as a serious misconduct. If it is recurrent, then, obviously punishment consistent with the guilt is necessary. If warning will serve the purpose and for one time or first offence, then, that should also be timely administered. However, it is not the job of this court to manage and administer the traffic in the city of Mumbai and suburbs. 3. If it is recurrent, then, obviously punishment consistent with the guilt is necessary. If warning will serve the purpose and for one time or first offence, then, that should also be timely administered. However, it is not the job of this court to manage and administer the traffic in the city of Mumbai and suburbs. 3. If the member of traffic police is inadequate or insufficient, we are sure that the deponents of these affidavits can bring this inadequacy to the notice of the superiors, who can then take adequate steps, including increasing the number of posts and starting a recruitment drive based on the sanction obtained. If the number of vehicles, as are reported day in and day out from the official sources, are to the tune of 50 lakhs, inclusive of both, two wheelers and four wheelers plying across the city and at busy and peak hours, most of them are on road, including private cabs and taxis, then, the traffic congestion ought to be minimised not with the intervention of this court. It is for the superiors and experts in the traffic management system to device such scheme which would eliminate these issues and problems. 4. Though the petitioner has highlighted, as a member of the disciplined force, the issue of police constables and particularly on traffic duty seeking bribe and indulging in corruption, we are yet to be informed and provided details and data as to how many of those indulging in such acts have been visited with penalties and punishment and are facing criminal prosecution under the Prevention of Corruption Act, 1988 and other penal laws. We ought to remind all concerned that if one is booked for the offence of bribery and corruption, then, the service rules demand that he should be placed under suspension forthwith. We do not have details and forthcoming from the official record about such action. 5. This is not for the first time that this court is reminding the high level public officials of their duties and responsibilities. There is a public interest litigation pending and at the behest of Advocate Ms. Armin Wandrewala, in which, this court has issued comprehensive directions. We are yet to find a complete compliance report of the action taken on these directions. 6. There is a public interest litigation pending and at the behest of Advocate Ms. Armin Wandrewala, in which, this court has issued comprehensive directions. We are yet to find a complete compliance report of the action taken on these directions. 6. It is indeed unfortunate that our time is wasted in reminding the officials present in court and through the learned APP that this court expects them to work sincerely and diligently. We are not saying that there should be no traffic jams nor traffic congestion can be eliminated suddenly given the number of vehicles and increasing population, but such incidents can always be minimised. If sincere efforts are undertaken and on par with thickly populated cities in India and abroad, such issues can be tackled. We hope and trust that beyond these affidavits, the data would be placed before us and of a concrete action. 7. We place the matter on 14th March, 2018, but let an affidavit be filed within a period of three weeks from today with advance copy to Mr. Mane. We also expect the officials to be responsive enough to complaints by members of the public, particularly the journalists, who report regularly in newspapers with photographs and other details the cases where the traffic police posted at specified places and corners either not reporting on duties or found missing or indulging in acts, which are termed as misconduct so also punishable offences. Let due cognisance be taken of such incidents and complaints as well.