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2026 DAILYLAW 11799 (BOM)

MOHD.SHAIF KHAN (P.F. NO.38828) v. CHAIRMAN AND MANAGING DIRECTOR, BANK OF MAHARASHTRA AND ORS

WP/1779/2026 · 2026-09-28

body2026

Judgment text

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16_WP_1779_2026.DOC Prasad IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1779 OF 2026 Mohd. Shaif Khan (P.F. No.38828) ...Petitioner Versus Chairman And Managing Director, Bank Of Maharashtra and Ors. ...Respondents _______ Mr. Sandeep Raman, for the Petitioner. Mr. Sarthak Utangale i/by Utangale & Co., for the Respondent. Petitioner is present. _______ CORAM: G. S. KULKARNI & DR. NEELA GOKHALE, JJ. DATE: 28th SEPTEMBER 2026 P.C. 1. This Petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs: “A. This Hon'ble Court be pleased to issue a writ of Certiorari or any other appropriate writ, order or direction to call for the records & Proceedings, if any, in respect of the Impugned Suspension Letter No. AX33/ST/DM/38828/2025-2 dated 08th August 2025 ("Exhibit - B") and declare illegal, void and non est in law; B. That this Hon'ble Court be pleased to quash and set aside the Impugned Suspension Letter No. AX33/ST/DM/38828/2025-2 dated 08th August 2025 ("Exhibit – B"). C. This Hon'ble Court be pleased to issue a writ of Certiorari or any other appropriate writ, order or direction, thereby quashing the disciplinary proceedings contemplated against the Petitioner through suspension letter No. AX33/ST/DM/38828/2025-26 dated 08th August 2025 passed by Respondent No. 4. D. This Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction to the Respondents to reinstate the Petitioner in the service with all consequential benefits without any further delay. 16_WP_1779_2026.DOC E. This Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate writ, order or direction to the Respondents to pay the subsistence allowances to the Petitioner in view of the provisions of Regulation 14 of the 1976 Regulations with all consequential benefits, in the interest of justice. F. Pending the hearing and disposal of this Petition, this Hon'ble Court be pleased to stay to stay the operation and implementation of the impugned suspension letter no. AX33/ST/DM/38828/2025-26 dated 08th August 2025 issued by the Respondent No. 4 G. Costs of this Petition. H. Any other reliefs as deemed appropriate by this Hon'ble Court in the facts and circumstances of the present case.” 2. As seen from the prayers, the grievance of the Petitioner is in regard to the Petitioner’s suspension. Reply Affidavit is filed on behalf of Respondent, whereby it is contended that now the enquiry has been initiated against the Petitioner and that the Respondent will complete the enquiry expeditiously and in any case within a period of three months from today, subject to the Petitioner cooperating. 3. Learned Counsel for the Petitioner submits that due cooperation will be extended in early completion of the enquiry. Learned Counsel for the Petitioner has requested that certain documents be furnished to the Petitioner to defend his case in the enquiry proceedings being a requirement of the principles of natural justice. Let all the necessary materials which are sought to be relied upon on behalf of the Respondent in the enquiry proceedings be furnished to the Petitioner. 4. All contentions of the parties in the enquiry proceedings are expressly kept open. 5. In this view of the matter, further adjudication of the petition is not called for. It is accordingly disposed of. No costs. (DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.) PRASAD RAJENDRASING RAJPUT Digitally signed by PRASAD RAJENDRASING RAJPUT Date: 2026.09.29 15:06:16 +0530