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CNR No : HCBM020131582026 Vidya Amin IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1963 OF 2026 Pradip Pralhadrao Kashale … Petitioner Vs Municipal Corporation of Greater Mumbai & Anr. … Respondents WRIT PETITION NO. 2233 OF 2026 Dr. Sanjay Dattatraya Funde … Petitioner Vs Municipal Corporation of Greater Mumbai & Anr. … Respondents _________

Dr. Uday Warunjikar a/w. Mr. Sumit Kate for the petitioner in both the petitions.

Ms. Pushpa Yadav for the BMC in WP/1963/2026.

Mr. Drupad Patil a/w. Ms. Pushpa Yadav for BMC in WP/2233/2026.

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CORAM: G. S. KULKARNI &

DR. NEELA GOKHALE, JJ.

DATE: 21 OCTOBER 2026 P.C.

1. In both these petitions, we are confronted with a challenge mounted by the petitioners to the orders of suspension.

2. Dr. Warunjikar, learned counsel for the petitioners, has contended that, under the relevant Rules of the Municipal Corporation, namely, the Brihan Mumbai Municipal Corporation Services (Discipline and Appeal) Rules, 2015 and more particularly Rule 4(A), suspension can be ordered only after a preliminary enquiry. “Preliminary Enquiry” is provided for under Rule 4(B), which contemplates an enquiry prior to the commencement of a full fledged departmental enquiry. Rule 4(A) and Rule 4(B) are required to be noted, which reads thus:

PART II(A) SUSPENSION

4(A) Suspension -

(1) The Appointing Authority or any Authority to which the Appointing Authority is subordinate or the Disciplinary Authority or any other Authority empowered in that behalf by the Municipal Commissioner by General or Special order may place a Corporation Employee under Suspension:-

(a) where a disciplinary proceeding against him is contemplated or is pending, or (b) where in the opinion of the Authority aforesaid, he has engaged himself in activities prejudicial to the interest of the affairs of the Corporation, or (c) where a case against him in respect of any criminal offence is under investigation, enquiry or trial:

Provided that, where the order of suspension is made by an Authority lower than the Appointing Authority, such Authority shall forthwith report to the Appointing Authority, the circumstances in which the order was made and such suspension, shall come to an end if not confirmed by the Appointing Authority within a period of six months from the date of such suspension.

(2) A Corporation Employee shall be deemed to have been placed under suspension by an order of Appointing Authority:-

(a) with effect from the date of his detention, if he is detained in police or judicial custody, whether on a criminal charge or otherwise, for a period exceeding Forty-Eight hours;

(b) with effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding Forty-Eight hours and is not forthwith Dismissed or Removed from service consequent to such conviction.

Explanation: the period of Forty-Eight hours referred to in clause (b) of this Sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment. if any, shall also be taken into account.

(3) Where a Penalty of Dismissal or Removal from service imposed upon a Corporation Employee under suspension is set aside in Appeal or on Review under these Rules, and the case is remitted for further Enquiry or action or with any other directions, the order of his suspension shall be deemed to have been continued in force on and from the date of the original order of Dismissal or Removal from service and shall remain in force until further orders.

(4) Where a Penalty of Dismissal or Removal from service imposed upon a Corporation Employee is set aside or declared or rendered void in consequence of, or by, a decision of Court of Law, and the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further Enquiry against him on the allegations on whi