As per case facts, Dr. Dilip Kajale and Dr. Prakash Vankhade were suspended on October 17, 2025, by the Gokhale Institute. Disciplinary inquiries were initiated. They challenged the continued suspension, ...
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wp-8665-8677-2026.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8665 OF 2026
Dr. Dilip Kajale …Petitioner
Versus
Gokhale Institute of Politics and Economics
and Ors.
…Respondents
WITH
WRIT PETITION NO.8677 OF 2026
Dr. Prakash Vankhade …Petitioner
Versus
Gokhale Institute of Politics and Economics
and Ors.
…Respondents
----------
Mr. Mihir Desai, Senior Advocate, i/b. Ms. Sanskriti Yagnik for the
Petitioner.
Mr. Pandit Kasar for Respondent Nos.1 and 2.
Shri P.P. Kakade, Addl. G.P. with Ms. Priyanka Chavan, AGP for the
State.
----------
CORAM : R.I. CHAGLA AND
FARHAN P. DUBASH, JJ
Reserved on : 22ND JULY 2026
Pronounced on : 5TH AUGUST 2026
J U D G M E N T : Per R.I Chagla, J.
1. These Writ Petitions have been heard together as the
issue raised is the same and the orders bearing the same date viz.
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JITENDRA
SHANKAR
NIJASURE
Digitally
signed by
JITENDRA
SHANKAR
NIJASURE
Date:
2026.08.05
15:53:14
+0530
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17th October 2025 by which the respective Petitioners have been
suspended by the Chancellor of the Respondent No.1 - Gokhale
Institute of Politics and Economics (‘Institute’) as well as the Orders
dated 4th June 2026 by which the Chancellor of the Respondent No.1
– Institute has ordered continuation of inquiry proceedings already
initiated, in accordance with applicable rules, have been impugned.
2. The Petitioner in Writ Petition No.8665 of 2026 had been
appointed on contractual basis as Assistant Professor of Agricultural
Studies/Economics at the Respondent No.1 – Institute on 8th January
2014 and was regularized as a permanent employee at the
Respondent No.1 – Institute on 6th February 2024. He was appointed
by the Vice Chancellor of Respondent No.1 – Institute as Associate
Dean of Faculty on 3rd June 2024. Whereas the Petitioner in Writ
Petition No.8677 of 2026 had been appointed as Associate Professor
in Economics on 1st September 2023 and thereafter as Associate
Dean (Academic Research) on 8th January 2025.
3. A Government Resolution had been issued by the
Respondent – State on 22nd April 2025 which provided under
Clause 1(A) (i) that if a departmental or judicial inquiry had not been
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initiated within a period of three months from the date of suspension,
then the suspension cannot be continued. The Competent Authority
would accordingly have to reinstate the suspended employee. This
was in line with the Maharashtra Civil Services (Discipline and
Appeal) Rules, 1979 (“MCS Rules, 1979”).
4. The incident which gave rise to the impugned suspension
orders took place on 5th May 2025 as a result of one Mr. Naresh
Bodkhe, a colleague of the Petitioners, who according to the
Petitioners had provoked them by making baseless and
unsubstantiated remarks which they claim were defamatory and
caused serious damage to their professional standing and personal
dignity. On the date of the incident, the Petitioners claim to have
visited the office of Mr. Bodkhe to seek clarity with regard to the
alleged misinformation claimed to be damaging their professional
integrity and requested Mr. Bodkhe to stop mental harassment and
damage to their reputation.
5. This led to Mr. Bodhke filing a written complaint on 6th
May 2025 against the Petitioners, which the Petitioners claim falsely
narrated the said incident.
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6. The Petitioners received a notice on 8th May 2025
regarding their alleged misconduct on Institute premises. The said
notice referred to the allegations of misconduct against them by Mr.
Bodkhe in his complaint filed on 6th May 2025.
7. The Petitioners filed written explanations on 10th May
2025 within the given time period wherein they denied the
allegations and claim to have explained the true events that
transpired inside Mr. Bodkhe’s office on 5th May 2025.
8. The Petitioners not having received any response to their
written explanations continued fulfilling their duties at the
Respondent No.1 – Institute.
9. The Petitioners received the impugned suspension orders
dated 17th October 2025 issued by the Respondent No.2 – Officiating
Deputy Registrar of the Respondent No.1 – Institute initiating
disciplinary inquiry against the Petitioners and immediately
suspended them from service. The impugned orders barred the
Petitioners from entering the Respondent No.1 – Institute’s premises
during the pendency of the investigation but entitled them to
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subsistence allowance.
10. The Petitioners thereafter filed their respective replies
whereby they requested the Chancellor of Respondent No.1 –
Institute to revoke their suspension on the premise that the said
incident had no relation to the day-to-day functioning of Respondent
No.1 – Institute and that the incident was a false concoction created
by said Mr. Bodhke.
11. The three months period since the issuance of the
impugned suspension orders lapsed on 17th January 2026. The
Petitioners claim that it was incumbent on the Respondent No.1 –
Institute to reinstate the Petitioners in accordance with the G.R.
dated 22nd April 2025.
12. The Petitioners claim that the Respondent No.1 –
Institute in failing to reinstate the Petitioners, despite not issuing any
order extending the impugned suspension orders within the said
period of three months, is in violation of principles of natural justice.
13. A prior Writ Petition No.3185 of 2026, being a composite
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Writ Petition on behalf of both Petitioners was filed before this Court.
14. By an Order dated 7th April 2026, this Court directed
that the matter be listed on a subsequent date viz. on 16th April
2026. On that date, during the pendency of the said Petitions, the
Respondent No.1 – Institute served the charge sheets on the
Petitioners.
15. This Court by an Order dated 17th April, 2026, directed
the Respondent No.6 – Chancellor of the Respondent No.1 – Institute
to treat the Writ Petition No.3185 of 2026 as an appeal against the
suspension orders dated 17th October 2025 and pass a reasoned
order in accordance with law.
16. The Petitioners submitted comprehensive replies to the
charge-sheet including the Statement of Allegations dated 16th April
2026 on 30th April 2026.
17. The Petitioners raised written objections to the initiation
of inquiry proceedings.
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18. The Respondent No.1 – Institute by their communication
dated 29th April 2026 stated that in view of not having received a
stay order from this Court, they are legally entitled to continue with
the disciplinary proceedings.
19. The impugned orders dated 4th June 2026 were passed
by the Respondent No.6 – Chancellor of Respondent No.1 – Institute
by which it was ordered that the inquiry proceedings already
initiated shall continue in accordance with the applicable Rules.
20. Being aggrieved by the impugned Orders of suspension
as well as the impugned Orders continuing the inquiry proceedings,
Writ Petition No.7354 of 2026 came to be filed by both the
Petitioners.
21. By an order dated 8th July 2026, the Writ Petition
No.7354 of 2026 was allowed to be withdrawn with liberty to file
fresh separate Writ Petitions.
22. Accordingly, the Writ Petition No.8677 of 2026 and Writ
Petition No.8665 of 2026 have been filed by the Petitioners.
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23. During the course of arguments, Mr. Mihir Desai the
learned Senior Counsel for the Petitioners fairly stated that though
the first prayer in these Petitions seek quashing and setting aside of
the impugned suspension orders dated 17th October 2025 and the
second prayer seeks quashing and setting aside of the impugned
Order of the Respondent No.6 – Chancellor dated 4th June 2026
continuing the inquiry proceedings, the Petitioners are only pressing
their first prayer by raising the issue viz. whether the impugned
suspension orders can extend beyond three months if the charge
sheet has not been filed and/or served on the Petitioners within the
said period of three months and/or no reasoned order passed during
that period for extension of the suspension.
24. Mr. Desai has placed reliance upon the judgment of the
Supreme Court in Ajay Kumar Choudhary v. Union of India Through
its Secretary and Anr
1
, at paragraph 21, wherein the Supreme Court
has directed that the currency of a suspension order should not
extend beyond three months if within this period the memorandum
of charges/charge-sheet is not served on the delinquent
officer/employee. If the memorandum of charges/charge-sheet is
1(2015) 7 Supreme Court Cases 291.
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served, a reasoned order must be passed for the extension of
suspension. He has submitted that the Supreme Court has thus made
it clear that the suspension order cannot extend beyond three months
where the charge-sheet has not been served on the delinquent
officer/employee. He has submitted that in such circumstance the
suspension order lapses and that the delinquent officer/employee is
required to be reinstated in the position he occupied prior to the
suspension order.
25. Mr. Desai has also placed reliance upon GR dated 22nd
April 2025 which provides under Clause 1(A)(i) that if a
departmental or judicial inquiry had not commenced against the
suspended employee within the period of three months from the date
of the suspension, his suspension cannot be continued after the
expiry of three months and he would be required to be reinstated.
26. Mr. Desai has also referred to the judgment of the
Division Bench of this Court in Kiran Ramesh Waghela v. Municipal
Corporation of Greater Mumbai & Ors
2
. at paragraph 29 -31. The
Division Bench of this Court has considered the judgment of the
22021 SCC OnLine Bom 14127.
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Supreme Court in Ajay Kumar Choudhary (Supra) and held that it is
clear from this decision that the impugned order which extends
beyond three months and during which period no charge-sheet has
been filed cannot be allowed to remain in operation. The said
decision has also placed reliance on the judgment of the Delhi High
Court in Government of NCT Delhi v. Dr. Rishi Anand
3
, which holds
that any extension beyond the period of three months where no
charge sheet has been filed would require a reasoned order for such
extension.
27. Mr. Desai has submitted that in light of the aforesaid
decision of the Supreme Court as well as of this Court and from a
reading of the said GR dated 22nd April 2025, the impugned
suspension Orders cannot extend beyond the period of three months
from the date of suspension, in view of no charge-sheet having been
issued and/or served upon the Petitioners within the said period of
three months. Further, a reasoned order has not been passed for
extension of the suspension. Thus, the impugned suspension orders
would lapse and the Petitioners are required to be reinstated in the
positions they were occupying prior to the passing of the suspension
3Writ Petition (C) No.8134 of 2017 and C.M. No.33423 of 2017 decided on 13th
September 2017.
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order.
28. Mr. Pandit Kasar, the learned Counsel for the Respondent
Nos.1 and 2 has submitted that the reason for non issuance of the
charge sheet and/or service of the charge sheet, during the period of
three months from the date of suspension has been provided in the
charge-sheet issued on 16th April 2026 viz. that the delay in issuance
of the charge-sheet was attributable to the Institution decision
making process of the Executive Council. The Executive Council had
met on 10th October 2025 and considered the complaint and
recommended initiation of disciplinary action and suspension. This
was followed by the action taken in issuance of the suspension
Orders. It was only due to the next meeting of the Executive Council
not being convened within the three months from the date of
suspension, and having been convened only on 20th March 2026,
that no charge sheet was issued within the said period of three
months from the date of suspension. It was at the meeting held on
20th March 2026 that the matter was further deliberated and
necessary approval was accorded for issuance of the charge sheet,
which accordingly was issued on 16th April 2026.
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29. Mr. Kasar has further submitted that in the GR dated
22nd April 2025, it is provided that in the event a decision is taken to
extend the suspension period beyond three months then the
extension should be of minimum period. Also the extension of
suspension cannot be more than a six month period at one time. He
has submitted that the GR thus provides for an extension beyond the
period of three months from the date of suspension. He has
accordingly submitted that the impugned suspension orders are very
much in operation and have not lapsed. Further, by the order dated
4th June 2026, the Respondent No.6 – Chancellor of the Respondent
No.1 – Institute had continued the inquiry proceedings against the
Petitioners after examining the Appeal submitted by the Petitioners in
compliance with the Order dated 17th April 2026 passed by this
Court in prior Writ Petition No.3185 of 2026.
30. Having considered the submissions, the issue which has
been raised by the Petitioners is whether the suspension order can
extend beyond a period of three months in the event of the charge
sheet not being issued and/or served on the delinquent
officer/employee and there is no reasoned order passed for such
extension of suspension during that period.
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31. The Supreme Court in Ajay Kumar Choudhary (Supra) at
paragraph 21 has directed that the currency of the suspension order
should not extend beyond three months if within that period a
charge-sheet is not served on the delinquent officer/employee and if
the charge sheet is served, a reasoned order must be passed for
extension of the suspension. From a plain reading of the said decision
it is clear that in the event the charge-sheet is not issued and/or
served on the delinquent officers/employees within the period of
three months from the suspension order, the suspension order can in
no event be extended. This would also be the case where beyond the
said period of three months, satisfactory reasons are given for
extension of the suspension.
32. In the present case, admittedly no charge-sheet had been
issued and/or served on the Petitioners within the period of three
months from the impugned suspension orders. The said period of
three months lapsed on 17th January 2026. The reason given for
non-issuance of the charge-sheets within the period of three months
from the suspension Orders, is borne out from the charge-sheet
issued on 16th April 2026 wherein it is stated that the intervening
period viz. the period between the suspension orders and issuance of
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the charge-sheets, was attributable to the institutional decision
making process of the Executive Council. This reason apart from
being given beyond the period of three months from the suspension
Orders which in our reading of the aforesaid decision of the Supreme
Court is impermissible, is unsatisfactory. In view thereof, the currency
of the suspension orders cannot extend beyond the period of three
months and the Petitioners would be required to be reinstated to
their respective positions which they occupied at the Respondent
No.1 – Institute prior to issuance of the suspension orders.
33. The Supreme Court decision in Ajay Kumar Choudhary
(Supra) also fell for consideration before the Division Bench of this
Court in Kiran Ramesh Waghela (Supra). It was held therein that it is
clear from the decision of the Supreme Court that the impugned
suspension order which extends beyond three months and during
which period no charge-sheet has been filed cannot be allowed to
remain in operation. The adequate safeguards of the currency of the
suspension order not extending beyond three months if charge sheet
is not served on the delinquent officer/employee is in aid of the
universally recognized principle of human dignity and the right to a
speedy trial and also preserve the interest of Government in the
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prosecution. Thus such imposition of a limit on the period of
suspension would not be contrary to the interest of justice.
34. The reliance placed by the Respondent Nos.1 and 2 on
the GR dated 22nd April 2025 and in particular where it is provided
that suspension order may extend beyond three months if the
decision of extension is taken and that such extension would be of
minimum period viz. not more than a six month period at one time,
to contend that the suspension order may be extended beyond three
months, is misplaced. The said GR pre-supposes that a decision for
extension of the suspension is taken within the three months from
the date of suspension. Further, under Clause 1(A)(i) it is expressly
provided that where there is no judicial action commenced against
the suspended Government employee which would include issuance
and/or service of charge-sheet within the period of three months
from the date of suspension then in such case, the suspension cannot
be continued after the expiry of the three month period. The
Respondent No.1 – Institute would be required to reinstate the
suspended candidates in that event.
35. Accordingly, we allow the present Petitions by setting
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aside the impugned suspension orders dated 17th October 2025.
36. The Respondent No.1 – Institute is directed to reinstate
the Petitioners to the position they occupied prior to the issuance of
the impugned suspension orders dated 17th October 2025 which, by
this Order have been quashed and set aside.
37. It is made clear that the inquiry proceedings which have
been continued against the Petitioners vide order dated 4th June
2026 issued by Respondent No.6 – Chancellor of the Respondent
No.1 – Institute shall continue according to the prescribed procedure
and applicable Rules. The inquiry committee shall conduct the
proceedings independently and ensure due opportunity is provided to
all concerned parties in conformity with the principles of natural
justice.
38. Writ Petitions are accordingly disposed of in the above
terms. There shall be no order as to costs.
[ FARHAN P. DUBASH, J. ] [ R.I. CHAGLA J. ]
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The Bombay High Court has recently delivered a significant ruling concerning Suspension Order Validity and the critical issue of Employee Reinstatement when disciplinary proceedings face undue delays. This pivotal judgment, now accessible on CaseOn, serves as a crucial reminder for employers regarding the stringent timelines for initiating formal charges against suspended employees and underscores the robust protections afforded to employees under established legal precedents.
\n\nThe case involves two faculty members, Dr. Dilip Kajale and Dr. Prakash Vankhade, who were employed at the Gokhale Institute of Politics and Economics. Dr. Kajale, an Assistant Professor (later regularized and promoted to Associate Dean), and Dr. Vankhade, an Associate Professor (later Associate Dean), found themselves at the center of a disciplinary dispute. They were suspended on October 17, 2025, following a written complaint filed by a colleague, Mr. Naresh Bodkhe, on May 6, 2025. The petitioners claimed Mr. Bodkhe had provoked them with baseless and defamatory remarks, leading to an incident on May 5, 2025, where they sought clarity and asked him to cease what they considered mental harassment. They denied the allegations in their written explanations.
\n\nAggrieved by the continued suspension without a timely charge sheet, the petitioners challenged the suspension orders and their continuation, leading to the present writ petitions.
\n\nThe central legal question before the Bombay High Court was whether the impugned suspension orders could legitimately extend beyond a period of three months. This hinged on two critical aspects: first, whether a charge sheet had been served on the petitioners within this three-month window, and second, whether a reasoned order for extending the suspension had been passed during that period.
\n\nA significant precedent applied in this case was the Supreme Court's judgment in Ajay Kumar Choudhary v. Union of India (2015) 7 Supreme Court Cases 291. In this landmark ruling, the Supreme Court unequivocally directed that the currency of a suspension order should not extend beyond three months if a memorandum of charges or a charge sheet is not served on the delinquent officer/employee within this timeframe. If a charge sheet is served, any extension of suspension beyond three months requires a reasoned order from the competent authority. The implication is clear: without a charge sheet or a reasoned extension within the three months, the suspension order lapses, and the employee must be reinstated.
\n\nThe court also referred to a Government Resolution (GR) issued by the State on April 22, 2025. Clause 1(A)(i) of this GR explicitly states that if a departmental or judicial inquiry has not commenced against a suspended employee within three months from the date of suspension, the suspension cannot be continued. In such a scenario, the competent authority is mandated to reinstate the suspended employee. While the GR also mentions provisions for extending suspension periods, it specifies that any decision for extension must be taken within the initial three months and for a minimum period, not exceeding six months at one time. This GR aligns with the principles enshrined in the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.
\n\nFurther reinforcing these principles, the Division Bench of the Bombay High Court had previously considered the Ajay Kumar Choudhary judgment in Kiran Ramesh Waghela v. Municipal Corporation of Greater Mumbai & Ors (2021 SCC OnLine Bom 14127). This earlier High Court ruling held that any suspension order extending beyond three months without a charge sheet being filed cannot remain in operation. It emphasized that these safeguards protect human dignity and the right to a speedy trial, ensuring that governmental interests are also preserved through timely action.
\n\nFor legal professionals tracking such developments, CaseOn.in offers invaluable tools, including 2-minute audio briefs that provide swift summaries of these critical rulings, ensuring practitioners stay updated without extensive reading.
\n\nIn the present case, it was undisputed that no charge sheet had been issued or served on Dr. Kajale and Dr. Vankhade within the crucial three-month period following their suspension on October 17, 2025. This period lapsed on January 17, 2026. The charge sheets were only issued and served much later, on April 16, 2026.
\n\nThe respondents, Gokhale Institute, attributed the delay in serving the charge sheets to their internal decision-making process involving the Executive Council. They stated that the Council had met on October 10, 2025, to recommend disciplinary action and suspension, but the next meeting where further deliberation and approval for the charge sheet occurred was only on March 20, 2026. The court found this explanation to be "unsatisfactory." Crucially, the reason for the delay was provided well beyond the three-month period, which, according to the Supreme Court's decision, is impermissible.
\n\nThe High Court meticulously applied the principles from Ajay Kumar Choudhary and the relevant GR. It noted that the GR allowing for extension "pre-supposes that a decision for extension of the suspension is taken within the three months from the date of suspension." Since no such decision for extension was taken or communicated within the initial three months, and no charge sheet was served, the court concluded that the suspension orders could not legally extend beyond this period. The currency of the suspension orders had effectively ceased.
\n\nThe Bombay High Court, after careful consideration of the submissions and established legal precedents, allowed the writ petitions. Consequently, it quashed and set aside the impugned suspension orders dated October 17, 2025.
\n\nThe Gokhale Institute was expressly directed to reinstate Dr. Dilip Kajale and Dr. Prakash Vankhade to their respective positions that they occupied prior to the issuance of the now-quashed suspension orders.
\n\nWhile ordering reinstatement, the court made it clear that the inquiry proceedings, which had been ordered to continue by the Chancellor on June 4, 2026, would proceed. These proceedings are to be conducted according to the prescribed procedure and applicable rules, ensuring that the inquiry committee acts independently and provides all concerned parties with a due opportunity to present their case, in conformity with the principles of natural justice.
\n\nAll information provided in this article is for informational purposes only and does not constitute legal advice. Readers should consult with a qualified legal professional for advice pertaining to their specific circumstances.
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