Chandan Dharamveer Pandit v. The Commissioner Navi Mumbai Municipal Corporation

by PALLAVI MAHENDRA WARGAONKAR Date:

2026.04.02 19:10:07 +0530 1 905-WP-4193-2026 (C).doc PALLAVI MAHENDRA WARGAONKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4193 OF 2026 Chandan Dharamveer Pandit

...Petitioner

Versus

The Commissioner Navi Mumbai Municipal Corporation ...Respondent ----------------- Mr. Alankar Kilpekar i/b. Adv. Nilesh Navale a/w Aadit Ved for the Petitioner.

Mr. Rohit Sakhadeo for Respondent- N.M.M.C.

----------------- CORAM : R. I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATED : 2nd APRIL, 2026 P.C.:- 1.

By this Writ Petition, the Petitioner is seeking quashing and setting aside the suspension order dated 23 September 2025 of the Petitioner issued by the Respondent under Rule 4(2)(a) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 on account of doing private practice and pursuant to registration of FIR bearing C.R. No. I-421/2025 registered with Vashi Police Station under Sections 125(a), 125(b), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 32 and 36 of the National Medical Commission Act, 2019, as the said order loses its efficacy after the period of 90 days from the date of suspension. 2.

After hearing the learned counsel for the parties and perusing the Government Resolution dated 22 April 2025 and the judgment of the Pallavi 1/2

2 905-WP-4193-2026 (C).doc Supreme Court in Ajay Kumar Choudhary Vs. Union of India1 and the relevant paragraph 21, we consider it appropriate to remand the matter back to the Respondent for passing of reasoned order for extension of suspension upon considering the representation of the Petitioner and in accordance with law.

3.

This Petition shall be treated as representation on behalf of the Petitioner for consideration of the Respondent and passing a reasoned order therein after hearing the Petitioner.

4.

This exercise shall be carried out within a period of four weeks from today. Writ Petition is accordingly disposed of in the above terms. No order as to costs.

5.

We have not considered the merits of the Petition and all rights and contentions of the parties are expressly kept open. [ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.] (2015) 7 SCC 291 Pallavi 2/2