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2017 DAILYLAW 3063 (BOM)

ARVIND DINKAR BHOSALE v. THE COMMISSIONER JALGAON CITY MUNICIPAL CORPORATION JALGAON AND OTHERS

WP/652/2017 · 2026-06-12

Shri Ajit B Kadethankar, Shri Kishore C Sant

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Judgment text

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( 1 ) 932 WP 652 OF 2017 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 932 WRIT PETITION NO. 652 OF 2017 ARVIND DINKAR BHOSALE VERSUS THE COMMISSIONER JALGAON CITY MUNICIPAL CORPORATION JALGAON AND OTHERS ... Mr. Ravindra Nirmal, Advocate for the Petitioner (Through V.C.) Mrs. D. S. Jape, AGP for Respondent/ - State Mr. L. V. Sangit , Advocate for Respondent No.1 … CORAM : KISHORE C. SANT AND AJIT B. KADETHANKAR, JJ. DATE : 12.06.2026 PER COURT :- . Heard learned advocate for the petitioner and learned advocate for respondents. Taken up for final disposal by consent of the parties. 2. By way of this petition, the petitioner has challenged an order passed by the Standing Committee of respondent No.1 – Jalgaon City Municipal Corporation, Jalgaon, dismissing the appeal preferred against the order passed by the learned Commissioner of the Corporation in departmental enquiry proceedings. The punishment of stoppage of two increments came to be imposed upon the petitioner. 2026:BHC-AUG:23212-DB ( 2 ) 932 WP 652 OF 2017 3. Learned advocate for the petitioner vehemently argued that the charges against the petitioner were not properly framed. There was no sufficient evidence to prove the charges. The action, therefore, suffers from arbitrariness and is in violation of the principles of natural justice. He submits that the enquiry was not properly conducted. The conclusions have also been wrongly drawn. He tried to submit, by taking this Court through the enquiry report, that there were two other departments involved in the alleged incident. However, the responsibility has been cast only upon the present petitioner. The Commissioner thus failed to appreciate the case properly and the Standing Committee wrongly dismissed the appeal. He, therefore, submits that the petition deserves to be allowed. 4. Mr. L. V. Sangit, learned advocate, by pointing out the contents of the reply, states that earlier also disciplinary action was taken against the petitioner. The petitioner was even dismissed from service on 28.04.2022. However, in appeal, the Standing Committee absorbed him on regular post and thereafter he retired on 28.02.2023. He submits that the service record of the petitioner was never unblemished. The Enquiry Officer has rightly arrived at the conclusions on the basis of the available evidence. He thus prays for dismissal of the writ petition. ( 3 ) 932 WP 652 OF 2017 5. This Court has gone through the impugned order passed by the Commissioner and the order passed by the Standing Committee. This Court clearly finds that the prescribed procedure was followed. An enquiry was also conducted. Nothing has been shown to indicate any procedural irregularity in the enquiry proceedings. No perversity is observed either in the order passed by the Commissioner or in the order passed by the Standing Committee. The punishment also appears to be proportionate and does not shock the conscience of the Court. Considering the above, no case is made out calling for interference at the hands of this Court. 6. The Writ Petition, therefore, stands dismissed. 7. No order as to costs. ( AJIT B. KADETHANKAR, J. ) ( KISHORE C. SANT, J. ) PRW