DR. LALCHAND N. JUMANI vs MUNICIPAL CORPORATION OF GREATER MUMBAI AND 3 ORS.

Judgment text excerpt

k 1/22 WP 1137 of 2014 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1137 OF 2014 Dr. Lalchand N. Jumani ....Petitioner V/S Municipal Corporation of Greater Mumbai & Ors. ....Respondents _________ Mr. Ashraf Shaikh i/b Ms. Rajashri D. Sapale for the Petitioner. Mr. A.V. Bukhari, Senior Advocate with Mr. Burhan Bukhari and Ms. Rupali Adhate i/b Ms. Komal Punjabi for Respondent-MCGM. __________ CORAM : S.M. MODAK & Digitally signed by SUDARSHAN SANDEEP V. MARNE, JJ. SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date: 2026.03.27 DATE : 25 MARCH 2026. 19:44:23 +0530 J U D G M E N T (Per Sandeep V. Marne J.) 1. The Petitioner has filed the present Petition seeking a direction for treatment of suspension period from 29 November 1986 to 9 May 1990 as duty and for grant of full pay and allowances for the said period. 2. Petitioner joined the services of Municipal Corporation of Greater Mumbai in 1977 as Junior Medical Officer. He was promoted to the post of Medical Officer of Health on 1 January 1980 and was posted in various Wards. He was posted as Medical Officer of Health in ‘S’ Ward in the year 1985. On 20 November 1986, Petitioner was arrested by Anti Corruption Bureau (ACB) alleging demand and acceptance of illegal gratification of Rs.2,000/-. Petitioner was detained in custody and katkam Page No. 1 of 22 k 2/22 WP 1137 of 2014 accordingly he was placed under suspension with effect from 29 November 1986. Special Case No. 49 of 1987 was registered against him and chargesheet was filed on 9 October 1987 under Section 161 of the Indian Penal Code (IPC) read with Sections 5(2), 5(1)(d) and 5(1)(a) of Prevention of Corruption Act, 1947. Searches were also carried out in the residence and bank lockers of the Petitioner and it wa