HC allows graceful exit for guilty bailiffs

MUMBAI, Sept 7: The Bombay High Court has allowed two bailiffs to take voluntary retirement to spare them the disgrace of removal from service. The services of S R Nachankar and S Y Thombre, bailiffs at the Small Causes Court, Mumbai, were terminated on November 7, 1997 by the court8217;s Chief Judge as per a departmental inquiry held last year.

The bailiffs moved High Court urging that their removal be quashed and they be permitted to retire voluntarily. This retirement will also entitle them to certain benefits and dues which would be denied otherwise, their counsel Naina Buch pleaded.

In relation to a suit filed in the Small Causes Court regarding the possession of a flat, an order dated March 29, 1990 ordered the defendants in the suit to hand over the flat to the plaintiff. Thombre was to execute the warrant for possession. He took the help of Nachankar while going to the spot. However, the persons occupying the premises obstructed the legal process, and the bailiffs used force to vacate the premises. Aninquiry was initiated against them. It was alleged that they had behaved in a high-handed manner while executing the warrant. Instead of registering a formal complaint against the occupants, the bailiffs took the assistance of the plaintiff to evict the occupants. And contrary to the rules, they executed the warrant after sunset and remained present in the premises till 12.30 in the night.