Dr. Sanjay Barnwal v. Additional Commissioner, Thane Mahanagarpalika, Thane And ORS

5-WP-11981-13.sxw BDPSPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11981 OF 2013 Dr. Sanjay Barnwal ..Petitioner

Versus

Additional Commissioner, Thane Mahanagarpalika, Thane and others ..Respondents Mr. Bhushan Walimbe for the Petitioner.

Mr. Ganesh K. Gole for Respondent No.4.

Mr. V. C. Ghosalkar for Respondent No.6.

CORAM: B. R. GAVAI & SANDEEP K. SHINDE, JJ.

DATE: 22nd November, 2017 P.C.:- 1] Petitioner has prayed in the Petition for initiating departmental proceedings against Respondent No.6 for submitting false information. 2] It is the contention of the Petitioner that Respondent No.6 had shown his experience of teaching under an appointment, which was on contract basis. It is submitted that the same is not permissible as per regulations framed by the Medical Council of India. 3] Basically, Petitioner appears to be aggrieved with the 1/2

5-WP-11981-13.sxw appointment of Respondent No.6, which was done in 2001. Respondent No.6 has already worked as lecturer since 1996 and thereafter he has been working as Assistant Professor since 2005. There is no explanation, as to why his appointment is sought to be challenged after a period of 12 years. Apart from that, we do not find that Respondent No.6 could be terminated for giving false information or suppression of fact, as alleged. He has categorically stated in the application that he has worked on the contract basis as Professor for one and half year. It could thus be seen that he had placed on record the factual information and not given any misleading information. 4] In that view of the matter, no case is made out for interference. Petition is found to be devoid of substance. Hence, the same is dismissed.

(SANDEEP K. SHINDE, J. ) (B. R. GAVAI, J. ) 2/2