bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1042 OF 2009 PETITION NO. 1042 OF 2009 PETITION NO. 1042 OF 2009 Shri Balkrishna Ramchandra Kamble ... Petitioner v/s The Regional Manager, Maharashtra Forest Development Corporation Ltd. & ors. ... Respondents Mr.B.P.Jakhude for the petitioner. CORAM: CORAM: CORAM: S.A.BOBDE, J. S.A.BOBDE, J. S.A.BOBDE, J. DATED: DATED: DATED: 4TH FEBRUARY, 2009 4TH FEBRUARY, 2009 4TH FEBRUARY, 2009 P.C. P.C. P.C.: 1. The petitioner has challenged the order of the Industrial Court allowing the revision filed by the respondent and upholding the dismissal of the petitioner from the services of the Maharashtra Forest Development Corporation Ltd. 2. The petitioner was working at the relevant time as a Forest Guard and was governed by the rules framed by the Forest Development Corporation of Maharashtra Limited. Rule 13 of the said rules prohibits all the employees of the Corporation from taking active part in politics or 2 political demonstrations or movements subversive of the Corporation or of the Government and to stand for elections as member of municipal council, District Boards or legislative bodies. 3. There is no doubt that the petitioner contested the election of the Gram Panchayat. The respondent Corporation therefore held an enquiry and dismissed the petitioner from service in contravention of the said rules. 4. In the complaint filed by the petitioner, though the Labour Court interfered and allowed the complaint of the petitioner, the Industrial Court reversed the order of the Labour Court and held that the punishment is appropriate. 5. Having heard the submissions of the learned counsel for the petitioner, I see no reason to interfere with the findings of the Industrial Court, on admitted facts there is a clear violation of the rules. There is no merit in the argument that because the election was inconsequential, the punishment of dismissal was shockingly disproportionate. It must be noted that the punishment follows a proved infraction of the rules and cannot be influenced by any consideration, such as the 3 size or importance of the body for which the employee contested election or the nature of politics he got involved in. 6. There is no merit in the petition which is hereby dismissed. ( S.A. BOBDE, J. ) S.A. BOBDE, J. ) S.A. BOBDE, J. )