Sunil Narayan Madne vs Brihanmumbai Municipal Corporation — Bombay HC (2026) — LawSathi Research

Sunil Narayan Madne vs Brihanmumbai Municipal Corporation — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Order dated 29 November 2023 of the then Municipal Commissioner (permanent withholding of pension) set aside; matter remanded to the Standing Committee of Respondent-BMC; Petitioner at liberty to make a representation before the Standing Committee, which shall decide it within 8 weeks of filing of the recommendation and communicate its order within one week thereafter; Respondent-BMC to consider the Petitioner's retirement benefits (Provident Fund, gratuity, encashment of leave, arrears of pending pension, arrears of 7th Pay Commission and other post-retirement dues since 1 May 2019) within 8 weeks; rights and contentions kept open; no order as to costs.

Issue for consideration

Whether the then Municipal Commissioner had jurisdiction to punish the Petitioner by permanently withholding his pension, or whether that jurisdiction vested with the Standing Committee of the Respondent-BMC. +1 more

Court's answer

The Court set aside the order dated 29 November 2023 (Exh.-EE) passed by the then Municipal Commissioner imposing the punishment of permanent withholding of the Petitioner's pension, on the ground that the Commissioner had no jurisdiction to punish the Petitioner and that the jurisdiction vested with the Standing Committee, and remanded the matter to the Standing Committee of the Respondent-BMC.

Key takeaways

The rights and contentions of the parties in the Writ Petition are expressly kept open.obiter¶17
The Court has not expressed any opinion on the merits of the Writ Petition.obiter¶19

Detailed headnote1 paragraphs

Writ Petition disposed of. The High Court set aside the order dated 29 November 2023 (Exh.-EE) passed by the then Municipal Commissioner of Brihanmumbai Municipal Corporation imposing the punishment of permanent withholding of the Petitioner's pension, on the ground that the Commissioner had no jurisdiction to inflict that punishment and that the jurisdiction vested in the Standing Committee; the matter was remanded to the Standing Committee. The Petitioner may make a representation before the Standing Committee, which must decide it within 8 weeks of the filing of the recommendation and communicate its order within one week thereafter. The Respondent-BMC was directed to consider the Petitioner's retirement benefits — Provident Fund, gratuity, encashment of leave, arrears of pending pension, arrears of 7th Pay Commission and other post-retirement dues since 1 May 2019 — within 8 weeks. Rights and contentions of the parties were expressly kept open; no opinion was expressed on the merits; no costs.

Digitally signed by MULEY MULEY SHUBHAM SHUBHAM PRAVINRAO PRAVINRAO Date: 2026.04.29 13:13:31 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. 2196 OF 2024

Sunil Narayan Madne ...Petitioner Versus Brihanmumbai Municipal Corporation ...Respondent

Mr. Yashodeep Deshmukh a/w K. Amol and Ameya Tawde i/by K1 Legal for the Petitioner.

Mr. Prashant Kamble a/w Pratik Garde for Respondent-BMC.

CORAM : R. I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATED : 28 APRIL, 2026

P.C.:-

Having heard the learned counsel for the parties as well as considering the prayer sought for namely for setting aside the awarded punishment of Petitioner on the ground that the then Municipal Commissioner had no jurisdiction to punish the Petitioner by withholding the Petitioner’s pension permanently and that the jurisdiction vested with the Standing Committee, we set aside the order dated 29 November 2023 (Exh.-EE to the Petition) passed by the then Municipal Commissioner and remand the matter back to the Standing Committee of the RespondentBMC.

The Petitioner is at liberty to make a representation before the Standing Committee of the Respondent-BMC and upon filing of

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Shubham

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recommendation and within a period of 8 weeks therefrom the Standing Committee of the Respondent-BMC shall decide the representation of the Petitioner and pass order which shall be communicated to the Petitioner within a period of one week therefrom.

The rights and contentions of the parties in the present Petition are expressly kept open.

Insofar as the prayer in the Petition with regard to the provision of the retirement benefits of the Petitioner i.e. Provident Fund,gratuity, encashment of leave, arrears of pending pension and arrears of 7^th pay commission and such any other post retirement dues since 1 May 2019 which the Petitioner has claimed shall be considered by the RespondentBMC within a period of 8 weeks from today.

We have not expressed any opinion on the merits of the present Writ Petition.

The Writ Petition is disposed of in the above terms. There shall be no

order as to costs.

[ADVAIT M. SETHNA, J.]

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Shubham