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
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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.
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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. )
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