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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
G.S.KULKARNI, AARTI SATHE
Suryakant Dattatray Shinde – Appellant
Versus
Union of India – Respondent
JUDGMENT :
G. S. Kulkarni, J.
1. This petition under Article 226 of the Constitution of India seeks a relief that the punishment of compulsory retirement dated 28 March, 2011 imposed on the petitioner by the appellate order, be quashed and set aside and for a further relief that the respondents be directed to hold and declare that the prior orders dated 30 March, 2009 issued by respondent no. 3 and order dated 7 November, 2009 issued by respondent no. 2, terminating the petitioner’s service be quashed and set aside and the petitioner be reinstated on the post of Assistant Security Officer with all consequential benefits. The substantive prayers as made in the petition are required to be noted, which reads thus:
“a) that this Hon’ble Court be pleased to issue a writ of Certiorari or a writ in the nature of Certiorari or any other appropriate writ, order or direction to the respondents to produce the record and proceedings relating to the impugned order of punishment of compulsory retirement dated 28/3/2011 (Exhibit A Hereto) and after going through the legality and validity thereof, be further pleased to quash and set aside the same.
b) that this Hon’ble Court be further pleased to issu
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The dismissal of an employee without providing the enquiry report and failing to follow principles of natural justice is illegal and warrants reinstatement.
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
The non-supply of the enquiry report and lack of opportunity to respond to it constitutes a violation of natural justice, rendering the punishment order unsustainable.
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