Bombay High Court
MOHD.SHAIF KHAN (P.F. NO.38828)versusCHAIRMAN AND MANAGING DIRECTOR, BANK OF MAHARASHTRA AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that further adjudication of the petition is not called for and disposed of the petition.
Summary
Mohd. Shaif Khan, a employee of Bank of Maharashtra, filed a writ petition under Article 226 challenging his suspension dated 8 August 2025, seeking quashing of the suspension order, reinstatement, and payment of allowances. He alleged violation of natural justice, contending that he was not furnished with documents necessary to defend himself in the disciplinary enquiry. The respondents argued that an enquiry had been initiated and would be completed within three months, and that the petitioner would cooperate. The petitioner’s counsel reiterated the request for disclosure of documents to ensure a fair enquiry. The Court, after considering the submissions, held that there was no need for further adjudication of the petition and disposed of it without costs.
Issues considered
- Whether the suspension of the petitioner is violative of the principles of natural justice
- Whether the Court should intervene to quash the suspension order and direct reinstatement
Subjects
- suspension
- disciplinary proceedings
- natural justice
- writ of certiorari
- mandamus
- Article 226
- service law
- Bank of Maharashtra
Judgment
16_WP_1779_2026.DOC
Prasad
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1779 OF 2026
Mohd. Shaif Khan (P.F. No.38828) ...Petitioner
Versus
Chairman And Managing Director,
Bank Of Maharashtra and Ors. ...Respondents
_______
Mr. Sandeep Raman, for the Petitioner.
Mr. Sarthak Utangale i/by Utangale & Co., for the Respondent.
Petitioner is present.
_______
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 28th SEPTEMBER 2026
P.C.
1. This Petition under Article 226 of the Constitution of India is filed praying
for the following substantive reliefs:
“A. This Hon'ble Court be pleased to issue a writ of Certiorari or any other appropriate
writ, order or direction to call for the records & Proceedings, if any, in respect of the
Impugned Suspension Letter No. AX33/ST/DM/38828/2025-2 dated 08 th August 2025
("Exhibit - B") and declare illegal, void and non est in law;
B. That this Hon'ble Court be pleased to quash and set aside the Impugned Suspension
Letter No. AX33/ST/DM/38828/2025-2 dated 08th August 2025 ("Exhibit – B").
C. This Hon'ble Court be pleased to issue a writ of Certiorari or any other appropriate
writ, order or direction, thereby quashing the disciplinary proceedings contemplated
against the Petitioner through suspension letter No. AX33/ST/DM/38828/2025-26
dated 08th August 2025 passed by Respondent No. 4.
D. This Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate
writ, order or direction to the Respondents to reinstate the Petitioner in the service with
all consequential benefits without any further delay.
Page 1 of 2
16_WP_1779_2026.DOC
E. This Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate
writ, order or direction to the Respondents to pay the subsistence allowances to the
Petitioner in view of the provisions of Regulation 14 of the 1976 Regulations with all
consequential benefits, in the interest of justice.
F. Pending the hearing and disposal of this Petition, this Hon'ble Court be pleased to stay
to stay the operation and implementation of the impugned suspension letter no.
AX33/ST/DM/38828/2025-26 dated 08th August 2025 issued by the Respondent No. 4
G. Costs of this Petition.
H. Any other reliefs as deemed appropriate by this Hon'ble Court in the facts and
circumstances of the present case.”
2. As seen from the prayers, the grievance of the Petitioner is in regard to the
Petitioner’s suspension. Reply Affidavit is filed on behalf of Respondent, whereby
it is contended that now the enquiry has been initiated against the Petitioner and
that the Respondent will complete the enquiry expeditiously and in any case within
a period of three months from today, subject to the Petitioner cooperating.
3. Learned Counsel for the Petitioner submits that due cooperation will be
extended in early completion of the enquiry. Learned Counsel for the Petitioner
has requested that certain documents be furnished to the Petitioner to defend his
case in the enquiry proceedings being a requirement of the principles of natural
justice. Let all the necessary materials which are sought to be relied upon on behalf
of the Respondent in the enquiry proceedings be furnished to the Petitioner.
4. All contentions of the parties in the enquiry proceedings are expressly kept
open.
5. In this view of the matter, further adjudication of the petition is not called
for. It is accordingly disposed of. No costs.
(DR. NEELA GOKHALE, J) (G. S. KULKARNI, J.)
PRASAD
RAJENDRASING
RAJPUT
Digitally signed by
PRASAD
RAJENDRASING
RAJPUT Page 2 of 2
Date: 2026.09.29
15:06:16 +0530
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