Bombay HC Restores Dismissal of Employee Guilty of Octroi Fraud
The respondent was working as Clerk in Octroi department since 24.10.1996.
On 21.3.2003, the charge sheet was issued that the respondent had defrauded the Corporation in collusion with others. In the enquiry, the charges were proved. The show cause notice was issued. After considering the reply, on 30.11.2006, the disciplinary authority passed the order imposing the punishment of removal from service. The respondent refused to accept the removal order.
However, the respondent had challenged the show cause notice in the Industrial Court. The Corporation filed application under Section 33(2)(b) of the ID Act for approval of the order of removal from service.
The Industrial Court had rejected the said application for shortfall in payment of wages.
It was HELD that although the Industrial Court upheld guilt but rejected approval under Section 33(2)(b) of the Industrial Disputes Act for non-payment of one month’s wages. Therefore, the shortfall in wages cannot save employee guilty of octroi fraud for non-compliance of section 33(2)(b).
Bombay HC restored dismissal of employee guilty of octroi fraud
Technical objection under Section 33(2)(b) of the Industrial Disputes Act cannot save employee guilty of octroi fraud – Bombay HC upholds removal of employee from service
Judgment dated 7.7.2026 of the High Court at Bombay in Writ Petition No.10116 of 2015 of Dr. Satish Bhide, for and on behalf of Municipal Corporation of Greater Mumbai Vs. Ravindra M. Pande.
