Industrial Court Cannot Usurp Jurisdiction of Disciplinary Authority

Judgment dated 2.11.2026 of the High Court of Bombay in Writ Ppetition No.5672 of 2011 of Thane Municipal Corporation  Vs. Prabhakar Chango Shidne

On 14.3.1983, the respondent was appointed as Clerk in Thane Municipal Corporation.  In 1993, he was promoted as A Grade Clerk and posted in the Water Supply Department.  He was placed under suspension by order dated 29 March 2005. A disciplinary inquiry was initiated against him by chargesheet dated 15 July 2006 alleging six charges. In the first charge, it was alleged that during 1 April 2004 to 15 July 2004, Respondent recovered amounts towards water bills but there was different in the amounts deposited by him.  The respondent had admitted all the charges.

The Corporation had given show cause notice for reversion of the respondent to the lower post of Clerk.

The Industrial Court, however, set-aside the reversion notice.

Be that as it may, mere retirement of Respondent from service on 31 July 2021 cannot be a reason for retaining erroneous order passed by the Industrial Tribunal. Respondent has committed serious misconduct of misappropriation of public money. He needs to be visited atleast with the punishment, which was proposed by the Municipal Commissioner in the show cause notice dated 4 February 2009. Imposition of punishment of reversion would still entitle the Respondent to pension and other retirement benefits for the Respondent. In my view therefore the penalty proposed vide show cause notice dated 4 February 2009 must be imposed on the Respondent in the facts and circumstances of the present case where he has admitted misconduct of misappropriation of amount of Rs.2,77,116/-.