G R Khairnar with wife and daughter at his residence.
MUMBAI, July 4: In a landmark judgment, the Bombay High Court today quashed and set aside the Brihanmumbai Municipal Corporation’s resolution removing suspended deputy municipal commissioner G R Khairnar from service.Justice R M Lodha directed the BMC to reinstate Khairnar into service with all consequent benefits. However, Khairnar today said he would rejoin BMC only as a formality as he was not at all interested in serving it.
The HC also ruled that the public speeches and utterances of Khairnar could not be construed as misconduct. The demolition
However, the HC has upheld the municipal commissioner’s two different decisions to stop Khairnar’s increments and ordering him to leave the headquarters. The BMC is allowed to go in appeal against the ruling within 30 days of the judgment before a division bench of HC.
The Shiv Sena-BJP coalition-led BMC had on October 10, 1996 removed Khairnar from service. He was charged with misconduct, making misleading public statements and leaving the city without municipal commissioner’s permission. Before the removal, he was suspended for a long period.
When contacted, Khairnar reacted to the ruling without any sign of excitement. “The injustice done to me can never be undone. Still, the High Court ruling has given me justice to some extent. But I am happy and thankful to all those who supported me throughout my struggle.
I am sure this judgment will come as a morale booster to all honest officers,” Khairnar said. When asked when would he rejoin BMC, Khairnar’s reaction was bitter: “Mala tya kaamat ajibaat ras nahi” (I am no more interested in that work.) I will go there only as a formality. I will focus more on my social work,” Khairnar added. Advocate Rajan Kochar and Aspi Chinoy defended Khairnar while K K Singhvi and Aruna Sawla represented the BMC.
Serial demolitions carried out by Khairnar as a DMC of solid waste management department had rubbed many important people the wrong way.
Khairnar had then gone on an anti-Sharad Pawar campaign accusing the then chief minister of corrupt practices. He had also accused the BMC officials of corruption and had repeatedly said in public speeches that he would produce truck-loads of evidences against the corrupt people.
Khairnar’s anti-Pawar and anti-Congress role had helped the Shiv Sena-Bharatiya Janata Party to conquer power in the state as well as in the BMC. However, the alliance government and the SS corporators had resolved unanimously to remove Khairnar from BMC services.
The Sena and BJP, though differing on their stands when Khairnar was dismissed, view him with common hostility. While each used him for their anti-Pawar campaigns before the 1995 assembly polls, the BJP had not supported the Sena in the BMC when the latter decided to sack him.
State secretary of the BJP Atul Bhatkhalkar, when asked to comment on the judgment said “I welcome the High Court decision. But henceforth, Khairnar should work according to service rules, and not make statements against the government.”