Created by Fuzzy Cloud

Bombay High Court

SANJAY SHIVAJIRAO BHOSALEversusKOLHAPUR MUNICIPAL CORORATION THR. COMMISSIONER AND ORS

Disposal
Disposed Off

Holding

A show‑cause notice is not a final disciplinary action and the petitioner must be given a reasonable opportunity to reply before any inquiry or penalty can be initiated.

Summary

The petitioner, Uday S. Jagtap, challenged a show‑cause notice dated 03‑08‑2021 issued by the Kolhapur Municipal Corporation, contending that it amounted to disciplinary action without due process. The corporation clarified that the notice is merely a preliminary step and that no penalty will be imposed unless a regular inquiry is conducted after the petitioner’s reply. The court examined whether the petitioner could be compelled to face disciplinary action without an opportunity to respond and whether the writ petition could be disposed by directing a reply. The bench held that the petitioner must be allowed to submit a reply within three weeks and that the corporation must consider the reply before any further action, ensuring compliance with due process. Accordingly, the writ petition was disposed, granting liberty to the petitioner to reply and to the corporation to decide thereafter.

Issues considered

  • Whether a show‑cause notice constitutes a disciplinary action requiring prior inquiry
  • Whether the petitioner is entitled to a reasonable opportunity to reply before any penalty is imposed
  • Whether the court can direct the corporation to consider the reply and proceed only after due process

Subjects

  • show-cause notice
  • disciplinary action
  • due process
  • municipal corporation
  • writ petition
  • reply
  • procedural fairness

Judgment

                                                                                   911-3748-2023-WP=.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR
                                            CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 3748 OF 2023
          Digitally
          signed by
          UDAY
                       Sanjay Shivajirao Bhosale                                 … Petitioner
UDAY      SHIVAJI
SHIVAJI   JAGTAP
JAGTAP    Date:
          2026.10.09
                                        Vs.
          16:37:03
          +0530
                       Kolhapur Municipal Corporation, Thr.                      … Respondents
                       Commissioner and Ors.
                                                     ………….
                       Mr. Drupad S. Patil (Through VC) a/w Rugwed R. Kinkar, Vijay Mahajan
                       for the Petitioner
                       Mr. Sagar A. Mane a/w Rushikesh D. Jagdale, Neha Farkate for the
                       Respondents
                                                     ………….
                                                         CORAM : SHAILESH P. BRAHME, J.

                                                         DATE        : 8th OCTOBER, 2026.
                       P. C. :

                       .         Heard both sides extensively.

                       2.        On previous occasion, the matter was adjourned so as to unable

                       learned counsel Mr. Sagar Mane appearing for the respondent –

                       Corporation to take instructions as to the purport of the show-cause

                       notice dated 03.08.2021 and the future course of action.

                       3.        Today, learned counsel Mr. Sagar Mane tenders on record

                       instructions given by the Corporation viz. copy of letter dated 17.08.2026

                       addressed to him by the Corporation, which is taken on record. It is

                       clarified by the Corporation that notice dated 03.08.2021 is a show-cause



                       Uday S. Jagtap                       1 of 3
                                                           911-3748-2023-WP=.doc



notice, which would not in itself a stage of a disciplinary action. If the

notice is replied and the explanation is found to be satisfactory, no further

action would be taken and if the explanation is not convincing, then

disciplinary action would be taken by constituting the regular inquiry. It

is further clarified that no decision as such for taking disciplinary action

against the petitioner has been taken.

4.       It is further clarified by learned counsel Mr. Sagar Mane that

opportunity would be given to the petitioner to reply the show-cause

notice and thereafter the Corporation would decide as to whether to

proceed further or not. It is further clarified that no penalty would be

imposed without following due procedure of law and conducting inquiry

although the wording of the notice dated 03.08.2021 is confusing.

5.       Learned counsel Mr. Drupad Patil appearing for the petitioner, on

instructions from his client who is present today before the Court, has

shown readiness to reply the notice.

6.       The Writ Petition can be disposed of by permitting the petitioner to

reply notice within stipulated period and granting liberty to the

respondent – Corporation to consider the reply and thereafter take

further decision so as to proceed against the petitioner or not by

constituting the Committee as is permissible by law.



Uday S. Jagtap                      2 of 3
                                                            911-3748-2023-WP=.doc



7.       The Writ Petition is disposed of with a clarification that petitioner

is at liberty to tender reply to the show-cause notice dated 03.08.2021

within a period of three (03) weeks from today.

8.       The respondent – Corporation shall consider the reply and decide

the future course of action. It is made clear that no penalty shall be

imposed without following due process of law. The parties shall be at

liberty to approach the trial Court for disposing of the suit in view of

today’s minutes of order.



                                              ( SHAILESH P. BRAHME, J. )




Uday S. Jagtap                       3 of 3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.