HC reinstates port official after 20 years

dismissed the MbPT’s plea to stay the reinstatement, giving it time to move a higher court. Nadkarni, obviously jubilant about the legal victory, said “I have about six more years of service. I am very happy that my faith in the judiciary helped me to win this battle.” Nadkarni’s dismissal revolves around the allocation of a special landing date for a steel strips consignment by a Bulgarian vessel Captain Patko Vajvado in December 1974. While he, as assistant docks manager, granted permission for the special date, Port Trust authorities maintained that the consignment did not merit such a permission. They argued that the steel strip company (Kalinga Tubes Limited) paid over Rs 96,000 less due to Nadkarni’s decision. As a result, an inquiry was instituted and Nadkarni was dismissed in August 1977. Though he approached the central government, his dismissal was upheld by the authorities. Thereafter, he moved HC and the MbPT was asked to hold a fresh inquiry.

The second inquiry exonerated him. But then MbPT chairman, who was the Disciplinary Authority, disagreed with the inquiry officer and dismissed Nadkarni. The Deputy Secretary, Central Government also did not reconsider the matter. Therefore, Nadkarni moved the trial court in 1986, which set aside the dismissal order and ordered MbPT to take him back with continuity of service and full back wages. The Port Trust appealed against the trial court order in the BHC. MbPT counsel U J Makhija argued that if the trial judge found the dismissal unfair, the matter should have been remanded to the government’s appellate authority for a fresh hearing.

However, Nadkarni’s counsel S G Page said a trial court is empowered to set aside the dismissal order. Moreover, Page argued that alleged misconduct of Nadkarni did not call for the extreme penalty of dismissal. Page also said Nadkarni was not given a hearing during the inquiry, which is a violation of natural justice.