Case Studies

Shri. Hiralal Rama Jadhav vs The Additional Chief Secretary

COURT: The High Court of Bombay

JUDGE: M.S Karnik

DATE OF JUDGEMENT: December,2017

The respondent by this petition underĀ Article 226 of the Constitution of India, challenged the order passed by the Maharashtra Administrative Tribunal.

The petitioner was holding the post of Superintendent of Prison, Thane Central Jail, Thane. On 29/08/2016 a lady Constable subordinate to the petitioner approached the Deputy Inspector General of Prison, Maharashtra State, Pune. The petitioner contended that the said complaint was made by the lady constable against him only because the petitioner did not allot staff quarter to her out of turn.

The Bombay high court held that the formation of the committee was not illegal and therefore, the court did not find any merit in the contention of the petitioner that the disciplinary enquiry would stand vitiated in view of the complaint being inquired under the Act of 2013. And simultaneously, the court do not find any reason to interfere with the impugned judgment and order of the Tribunal. The petition was therefore dismissed with no order as to costs.