Bombay High Court sets aside compulsory retirement of Mumbai Port Trust officer

In a significant judgement strengthening procedural safeguards in departmental enquiries, the Bombay High Court recently quashed the compulsory retirement of a Mumbai Port Trust (MbPT) Assistant Security Officer after holding that the disciplinary authority violated the principles of natural justice by deciding the punishment before considering the employee’s response to the enquiry report.

A Division Bench of Justices G.S. Kulkarni and Aarti Sathe partly allowed the petition filed by Suryakant Dattatray Shinde, setting aside both the dismissal order passed by the disciplinary authority and the appellate order converting the dismissal into compulsory retirement.