The Mumbai police will invoke provisions of Article 311 (2) of Constitution to dismiss Waze. Article 311 deals with the dismissal, removal or reduction in rank of those employed in civil capacities under the Union or a state. Under the article, the competent authority has power to dismiss an erring officer in the larger interest. If the authority is satisfied that the official can be dismissed, they have the power to take action without conducting a departmental probe.
“In the normal course the competent authority has to hold a departmental inquiry and get the charges proved before dismissing an officer. But in some cases, this condition can be waived if it is likely that witnesses to be examined against such an officer are afraid of him or there is threat to life to give statement against the officer because of the position held by him. So the officer can be dismissed,” said advocate Arvind Bandiwadekar.
“We’ve received the report from NIA on Waze’s involvement and invoking of UAPA. Waze was involved in anti-national activities (planting explosives), which is enough material to proceed for his dismissal. We have started the process and are taking legal opinion,” said a senior IPS officer. Waze’s tainted past including his involvement in the custodial death of 2002 blast accused Khwaja Yunus and suspension for 17 years will also be taken into account, an official said. Sources said an internal inquiry also found Waze has illegally extorted money from people while probing high-profile cases.