BANK OF INDIA vs SHARAD RAJARAM KHADTARE

Judgment text excerpt

Neeta Sawant WP-15893 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15893 OF 2025 Bank of India ...Petitioner V/s. Sharad Rajaram Khadtare ...Respondent ________________ Mr. Lancy D'souza with Ms. Deepika Agarwal i/b. Mr. V.M. Parkar, for the Petitioner. Mr. Nitin Kulkarni, for the Respondent. ________________ CORAM: SANDEEP V. MARNE, J. Reserved On : 12 June 2026. Pronounced On: 22 June 2026. Judgment: 1) The issue that arises for consideration in the present Petition is whether an employee dismissed from service on commission of grave misconduct, who raises belated industrial dispute, can be permitted to take advantage of his own wrong and whether his dismissal can be set aside only on account of employer’s inability to produce complete enquiry proceedings before the Industrial Tribunal. 2) The Respondent-employee was dismissed from service on 18 October 2000 but raised industrial dispute 13 years later on 14 October 2013 leading to making of reference by the appropriate Government. The Page No.1 of 20 22 June 2026 Neeta Sawant WP-15893 OF 2025 Bank had destroyed records relating to disciplinary enquiry and was unable to produce the same before the Industrial Tribunal. Inability of the Bank to produce evidence recorded in the enquiry has led to a situation where the Industrial Tribunal has held the findings of the enquiry officer to be perverse. Due to long passage of time, the Bank was also not able to prove the charges before the Industrial Tribunal. The Tribunal has accordingly held Respondent’s dismissal order to be illegal. 3) The issue arises in the light of challenge raised by the Petitioner-Bank of India to Part-I Award dated 9 August 2024 and final Award dated 23 January 2025 passed by the learned Member, Ind