Bombay HC Orders Reinstatement Of BMC Doctor

The Bombay High Court has directed the reinstatement of a BMC medical officer who was suspended after his name surfaced in an alleged fake birth certificate scam.

The suspension of Dr Shailendra Gujar was issued on May 7, 2026, with retrospective effect from May 4. However, the court held that the BMC failed to follow its own service rules before taking disciplinary action.

A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad directed the reinstatement of Dr Gujar with full salary for the suspension period. The court clarified that the BMC is free to restart disciplinary proceedings after following the prescribed procedure.

The suspension stems from the alleged fake birth certificate scam that came to light earlier this year. Kurla Police had registered an FIR against 15 people following a complaint by BMC Medical Health Officer Dr Satish Badgire, alleging that forged documents were used to make unauthorised corrections in birth records.

Dr Gujar challenged his suspension, contending that the mandatory procedure under the Brihanmumbai Municipal Corporation Services (Discipline and Appeal) Rules, 2015, had not been followed. Appearing for the doctor, advocate Uday Warunjikar argued that his client was not named as an accused in the FIR and was suspended in undue haste.

The BMC maintained that it was empowered to suspend an employee while disciplinary proceedings were pending and that the action was valid under its service rules. However, the High Court rejected this stand, saying that the corporation could not rely only on the rule empowering it to suspend employees.

The court held that the provision must be read along with another rule that requires a preliminary enquiry before deciding whether an employee should be suspended. The judges noted that after dropping an earlier preliminary enquiry and charge memo, the corporation issued a fresh charge sheet but suspended the doctor before completing the required process.

The court said the BMC could proceed with the disciplinary enquiry only after following the procedure prescribed under the rules. The reinstatement of Dr Gujar is a significant development in the alleged fake birth certificate scam.

The scam came to light earlier this year, and the Kurla Police registered an FIR against 15 people. The BMC has been under scrutiny for its handling of the scam, and the court's order is a setback for the corporation.

The case highlights the importance of following proper procedures in disciplinary actions. The court's order is a reminder that employees have rights and that corporations must follow the rules before taking action.

In conclusion, the Bombay High Court's order to reinstate Dr Gujar is a significant development in the alleged fake birth certificate scam. The court's decision highlights the importance of following proper procedures in disciplinary actions and is a reminder that employees have rights that must be respected.