Bombay High Court
Ajit Dattatray Pawar vs Municipal Commissioner, Brihanmumbai ... on 23 October, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge, M.M. Sathaye
2024:BHC-AS:43123-DB
1-WP-3851-2022-(C).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3851 OF 2022
Ajit Dattatray Pawar
Age - 31, Years, Occ. - Service,
Residing at Karkamb,
Taluka : Pandharpur,
District : Solapur. ...Petitioner
Versus
1. Municipal Commissioner,
Brihanmumbai, Mahanagar Palika,
PALLAVI
CST, Mumbai.
MAHENDRA
WARGAONKAR 2. Education Officer,
Education Department,
Digitally signed by
PALLAVI MAHENDRA
WARGAONKAR
Having office at Triveni Sangam,
Date: 2024.11.07
11:35:52 +0530
BMC School Building,
Mahadev Palav Marg,
Curry Road (East),
Mumbai - 400 012 ...Respondents
...
Mr. Sarang S. Aradhye a/w Ms. Gauri Velankar, Mr. Shantanu Gurav
and Mr. Saarth Chordia, Advocate for the Petitioner.
Mr Dhrupad Patil a/w Mr. Ravindra Sirsikar and Ms. Neelima
Kharde, for Respondent - MCGM.
...
CORAM : RAVINDRA V. GHUGE
&
M.M. SATHAYE, JJ.
DATE :- 23rd OCTOBER, 2024
ORAL JUDGMENT (Per Ravindra V. Ghuge, J.) :-
1. Rule. Rule made returnable forthwith and heard finally
1 of 4
1-WP-3851-2022-(C).odt
by the consent of the parties.
2. The Petitioner has put forth prayer clauses (a) & (b), as
under:
(a) The Hon'ble Court may be pleased to issue writ of
mandamus and/or certiorari and/or any other writ of
the like nature and any other writ and/or directions to
quash and set-aside the impugned Termination Order
dated 17.12.2021 issued by the Respondent No.2.
(b) The Hon'ble Court may be pleased to issue an
appropriate order or direction, directing the
Respondents to reinstate the Petitioner with
continuation of service along with back wages."
3. We have heard the learned Advocates for the respective
sides and have perused the Petition paper book, with their
assistance.
4. The Corporation had published an advertisement on
08/03/2019, for carrying out recruitment of the teachers in the
primary school through the 'Pavitra Pranali Shikshan Bharti'. The
Petitioner applied for the post of Shikshan Sevak, vide an
application dated 27/06/2019. By an order dated 23/01/2020, the
Petitioner was selected and he joined employment on the said date.
2 of 4
1-WP-3851-2022-(C).odt
5. The Petitioner tendered certain documents which were
required under the verification exercise, with the office of
Respondent No.2, on 23/12/2020. Since Respondent No.2, received
an adverse police character certificate concerning the Petitioner, he
was terminated on 17/12/2021, without issuance of a show cause
notice, much less, granting an opportunity of hearing. This is borne
out from the record, in as much as, this is an admitted position.
6. The learned Advocate for the Petitioner hastens to add
that the Court of Judicial Magistrate, First Class, Pandharpur in
Regular Criminal Case No.231 of 2019, has acquitted the Petitioner
vide judgment and order dated 13/02/2024.
7. Though the learned Advocate for the Municipal
Corporation has vehemently opposed this Petition and has prayed
that the Petition be dismissed with costs, she cannot point out from
the record as to whether the Petitioner was issued with any show
cause notice and whether he was given an opportunity of hearing,
before issuing the impugned order of termination. It cannot be
ignored that the Petitioner was in employment since 23/01/2020,
until his termination after around 23 months, on 17/12/2021.
3 of 4
1-WP-3851-2022-(C).odt
8. In the above facts and circumstances, and keeping in
view the judgment of the Sessions Court referred to herein-above,
we deem it appropriate to quash the impugned order and at the same
time, permit the Municipal Corporation to issue a fresh show cause
notice of hearing to the Petitioner, within 15 days from today.
9. As such, this Writ Petition is partly allowed. The
impugned termination order dated 17/12/2021, is quashed and set
aside with liberty to the Municipal Corporation to issue a fresh
notice of hearing to the Petitioner. Reasonable opportunity of
hearing shall be granted and a final reasoned order would be passed
by the Corporation, within a period of 60 days from the date of
service of the notice on the Petitioner. The Petitioner shall render
co-operation in the said hearing and would not make an attempt to
avoid service of the show cause notice. The Corporation shall bear
in mind that the Petitioner has been acquitted by the Court of
Criminal Jurisdiction, which is a decisive factor.
10. Rule is made partly absolute in the above terms.
(M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)
4 of 4
