:1: bgp bgp bgp IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.5255 OF 2008 NO.5255 OF 2008 NO.5255 OF 2008 Jagannath Laxman Nikalaje ..Petitioner Vs. The Assistant Commissioner (Enquiry) and Ors. ..Respondents Mr.S.D.Rupwate i/b.Mr.Gajanan P.Lasure for petitioner. Mr.C.R.Sonawane, AGP for respondent Nos.1,3,4 and 6. Mr.M.B.Mehere for respondent No.2. Mr.Vinod Jadhav for respondent No.5. CORAM CORAM CORAM :- V.C.DAGA & :- V.C.DAGA & :- V.C.DAGA & MRS.MRIDULA MRS.MRIDULA MRS.MRIDULA BHATKAR,JJ. BHATKAR,JJ. BHATKAR,JJ. DATE DATE DATE : 27TH FEBRUARY,2009 : 27TH FEBRUARY,2009 : 27TH FEBRUARY,2009 P.C. P.C. P.C. 1. Rule. Returnable forthwith. 2. Learned AGP waives service for respondent Nos.1,3,4 and 6 along with learned Counsel for respondent No.2 and learned Counsel for respondent No.5. 3. Heard finally by consent of parties. This petition is directed against the show cause notice proposing to impose punishment of removal/dismissal. However, said show cause notice issued subject to payment of Rs.2,33,500/- within 21 days, as a condition precedent for submitting reply. 4. On being asked, Mr.Mehere appearing for respondent No.2 could not justify said notice. None :2: of the Advocates appearing for respondents could support the said notice. In this view of the matter, the impugned notice is liable to be quashed and set aside. Needless to mention that payment of money cannot be a condition precedent for permitting the delinquent employee to reply to the show cause notice issued by the Disciplinary Authority desirous of imposing punishment by way of disciplinary action. Since the technical defect is found in the impugned show cause notice and looking to the consensus between the parties, the same is quashed and set aside leaving it open for the disciplinary authority to issue fresh notice in accordance with law following principles of natural justice. 5. So far as all rival contentions of the parties on merits of the matter are concerned, we do not propose to dwell upon the same, since it will be open for petitioner to set up those challenges as and when need arises, and if the decision on punishment, if any, results in imposition of punishment. Petition is partly allowed. Rule is made absolute in terms of this order. No order as to costs. (MRIDULA (MRIDULA (MRIDULA BHATKAR,J.) BHATKAR,J.) BHATKAR,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)