Shri. Chandrashekhar Keshav Panibhate v. Solapur Municipal Corporation Through Commissioner And ANR.

Sneha Chavan 1 33-WP-9068-2021 (2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9068 OF 2021 Shri. Chandrashekhar Keshav Panibhate

...Petitioner

Versus

Solapur Municipal Corporation Through Commissioner And Anr.

...Respondents

**** Mr. Mohansinh Rajput a/w Sachin Ambulkar for the Petitioner. Mr. Samir Kumbhakoni for Respondent No.1.

Ms. Neha Bhide, 'B' Panel Counsel for Respondent No.2. **** SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2024.04.01 11:07:52 +0530 CORAM : NITIN JAMDAR AND M.M.SATHAYE, JJ.

DATE : 18 JANUARY 2024 P.C. :

.

This petition is filed in December 2020. The prayers in the petition are that the order of suspension dated 13 August 2013 and show cause notice of 28 November 2014, be set aside. Thus, 7 years after the order of suspension and 6 years after the show cause notice, the Writ Petition came to be filed.

2.

It appears that the Petitioner had earlier approached the Labour Court and the Industrial Court and thereafter the present petition has been filed. As a consequence thereof, the show cause notice has not been taken forward. In the meanwhile, the Petitioner This order is corrected as per order 28.03.2024.

Sneha Chavan 2 33-WP-9068-2021 (2).doc has retired on superannuation.

3.

The learned counsel for the Petitioner sought to contend that the misconduct imputed to the Petitioner in the show cause notice, cannot result in a major penalty. However, the stage at which the petition was presented, is only a stage of show cause notice. The Petitioner can always file a reply to the show cause notice and also point out, without prejudice, that even assuming the misconduct is proved it cannot result in a major penalty. It is for the Respondent/employer to take appropriate decision. 4.

Considering that the matter is pending since the year 2013, while disposing of the petition, we are inclined to set a time table. 5.

The Petitioner will submit his response to the show cause notice within a period of 4 weeks from today. If the reply to the show cause notice is not found satisfactory, the Respondent will take necessary steps to proceed further as per law, within a period of 6 months thereafter, subject to Petitioner co-operating with the inquiry.

6.

Keeping the contentions of the Petitioner open to be agitated, in case inquiry is instituted, the Writ Petition is disposed of. (M.M.SATHAYE, J.) (NITIN JAMDAR, J.) This order is corrected as per order 28.03.2024.