In a recent development, the Bombay High Court has provided relief to a nurse who was dismissed from her position at Byculla's Central Railway Hospital for participating in assembly polls without prior intimation. The court expressed deep concern over her dismissal after dedicating 26 years of service, stating that it "shocks our conscience."
The division bench comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne set aside Swati Nilegaonkar's 2013 dismissal order, along with the Central Administrative Tribunal's ruling that upheld her removal from service.
The Case
While acknowledging that a government servant participating in elections while in service is a serious misconduct, the judges noted that Nilegaonkar did not intend to conceal her desire to contest. They pointed out that she had submitted a notice for voluntary retirement before filing the nomination form. The bench further commented that she should have waited for the completion of the three-month notice period.
The Verdict
"The decision to contest the election appears to have been made impulsively, considering the short interval of about eight days between the notice for voluntary retirement and the filing of the nomination form," stated the High Court. However, the court emphasized that she cannot be dismissed and instead suggested the possibility of a reduced penalty.
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