Bombay High Court
Yogeshwar Pandurang Nandanwar vs Maharashtra State Road Transport Corn. ... on 28 November, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2023:BHC-NAG:16552
1 40.WP.4265-2019 & Ors..odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 4265 OF 2019
( Shri Yogeshwar Pandurang Nandanwar
Vs.
Maharashtra State Road Transport Corn., Through its Divisional Traffic
Officer, Bhandara.
WITH
WRIT PETITION NO. 4268 OF 2019
Shri Yogeshwar Pandurang Nandanwar
Vs.
Maharashtra State Road Transport Corn., Through its Divisional Traffic
Officer, Bhandara.
WITH
WRIT PETITION NO. 4267 OF 2019
Shri Yogeshwar Pandurang Nandanwar
Vs.
Maharashtra State Road Transport Corn., Through its Divisional Traffic
Officer, Bhandara.
WITH
WRIT PETITION NO. 4266 OF 2019
Shri Yogeshwar Pandurang Nandanwar
Vs.
Maharashtra State Road Transport Corn., Through its Divisional Traffic
Officer, Bhandara. )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mrs. S.P. Giratkar (Giripunje), Advocate for the Petitioner.
Mr. A.R. Fule, Advocate for the Respondent.
CORAM: AVINASH G. GHAROTE, J.
DATED : 28th NOVEMBER, 2023
Heard Mrs. Giratkar, learned counsel for the
2 40.WP.4265-2019 & Ors..odt
petitioner and Mr. Fule, learned counsel for the respondent.
2. All these petitions can be disposed of by a common
order as they are identical in nature and challenge the
judgments dated 26.06.2018 passed by the learned Industrial
Court, Bhandara, whereby the complaints filed by the
petitioner challenging the reduction of his pay scale by one
stage/step has been dismissed. The preliminary finding
rendered that the enquiry was fair and after following the
principles of natural justice has not been challenged.
3. The only challenge is that the punishment
imposed is disproportionate. Mrs. Giratkar, learned counsel
for the petitioner, in support of this plea submits, that it is the
right of the employee to bring irregularities to the notice of
the employer and doing so would not render such action
susceptible to an enquiry. She therefore submits, that the
punishment imposed is improper and the judgments
impugned needs interference.
4. Mr. Fule, learned counsel for the respondent
submits, that the finding on the preliminary issue in absence
of any challenges have become final which would indicate the
fairness of the enquiry. He submits, that nothing has been
brought on record to indicate why the punishment imposed
was disproportionate on account of which the impugned
judgments ought not to be interfered with.
5. It cannot be disputed, that the finding on the
preliminary issue regarding fairness of the enquiry has not
been challenged, and therefore, has attained finality. The
punishment imposed upon the petitioner in all these petitions
3 40.WP.4265-2019 & Ors..odt
is reduction of his basic pay by one stage based upon the
finding in the enquiry that the petitioner has indulged in false
allegations against the Corporation and also has threatened to
take his own life thereby bringing undue pressure upon the
Corporation, thereby wasting the manpower of the
Corporation into making enquiries against the allegations
which were found to be false.
6. No reason has been pointed out as to on what
ground the punishment imposed can be said to be
disproportionate. The very fact that the challenge is limited to
this ground would indicate that the findings rendered
regarding the charges framed are not being disputed. In
absence of any material to indicate as to why the punishment
imposed is disproportionate, I do not see any reason to
interfere in the impugned judgments.
7. The Petitions are therefore dismissed. No costs.
8. Fees of Mrs. Giratkar, learned counsel appointed
for the petitioner be quantified as per rules.
(AVINASH G. GHAROTE, J.)
SD. Bhimte
Signed by: Mr.S.D.Bhimte
Designation: PA To Honourable Judge
Date: 29/11/2023 14:24:42
