A departmental inquiry has been ordered against former encounter specialist Daya Nayak (police sub inspector), who is currently under suspension pending decision on a disproportionate assets case against him.
Joint commissioner of police, law and order, Rajnish Seth told HT on Monday that Deputy Commissioner of Police (DCP), Special Branch (SB-I), Sandeep Karnik has been asked to conduct the inquiry.
The inquiry pertains to alleged violation of departmental rules committed by Nayak, which came to light during the investigation into a disproportionate assets case against him by the Anti-Corruption Bureau (ACB).
“Based on our findings, we had prepared a report. Since those violations fell under departmental conduct, we forwarded it to his employer, the Mumbai police, for necessary departmental action,” a source in the ACB told HT. These violations, the source said, pertain to findings like travel conducted by Nayak without informing his superiors while in service, and other acts of professional misconduct.
However, the decision on the disproportionate assets case is still pending before the special court. The ACB had filed a charge sheet along with a refusal of sanction to prosecute him in the same by former Director General of Police (DGP), S S Virk.
A day before his retirement on October 31, 2009, Virk had refused to give sanction to the ACB to prosecute Nayak in the disproportionate assets case. The DGP, in his order, had observed that there were insufficient grounds to prosecute Nayak. He, however, made it clear that a departmental inquiry could be initiated against the policeman as per the findings of the inquiry.
Nayak, a 1993 batch Maharashtra police officer, had gunned down over 50 dreaded criminals, including Lashkar-e-Tayyaba terrorists, during his over decade-long career with the Mumbai police crime branch.
The allegations of disproportionate assets were made by a former media man—Ketan Tirodkar—which prompted the MCOCA court to order an investigation into his assets.
Nayak had been shunted from the crime branch and posted with the Charkop police station before he was arrested by the ACB, along with his wife Komal, on February 20, 2006, in connection with the disproportionate assets case. The case was registered by the ACB two days after the Supreme Court refused to interfere with the Bombay High Court order, asking him to surrender. The sessions court had issued a non-bailable warrant against him.
Nayak was released on bail 62 days after his arrest. The HC had granted him bail on April 21, 2006 as the ACB failed to file a charge sheet against him within the stipulated 60 days of arrest. Komal was granted bail prior to that.