The Bombay High Court has provided relief to two retired Central Excise officials nearly two decades after disciplinary action was taken against them. They were accused of permitting the landing of explosives used in the 1993 serial bomb blasts in the city.

The division bench, comprising Chief Justice Devendra Kumar Upadhyaya and Justice Arif Doctor, stated that there was insufficient evidence to substantiate the charges against the two retired Central Excise officials during the departmental proceedings. As a result, the bench has nullified the disciplinary action orders against them.

In its judgment on March 4, the High Court stated that S M Padwal and Yashwant Lotale, retired superintendents of the Central Excise Department, are entitled to all consequential benefits, including arrears of salary and pension. These benefits must be provided to them within two months.

On March 12, 1993, twelve bombs exploded at various locations in Mumbai, resulting in the tragic loss of 257 lives and causing injuries to over 700 individuals.

The High Court observed that S M Padwal and Yashwant Lotale did not undergo any criminal trial related to the case. After reviewing the purported evidence, the court concluded that the charges against them lacked sufficient proof and, therefore, do not hold ground.

"Our indefeasible conclusion is that it is a case where there was no evidence at all and accordingly, the conclusion arrived at by the disciplinary authority while passing the punishment orders is erroneous," the HC said.

The High Court remarked that the sole evidence against S M Padwal and Yashwant Lotale consisted of purported confessional statements made by the accused individuals to the police during the investigation.

"In our opinion, this (confessional statements) could not be made basis of inflicting the punishment upon the employees in this case," the bench said.

Padwal and Lotale were accused of accepting illegal gratification to facilitate the landing of consignments containing explosives, arms, and ammunition, which were subsequently used in the bomb blasts.

They faced charges of failing to uphold absolute integrity and dedication to duty, and for behaving in a manner inconsistent with the responsibilities of a government servant. Padwal was directed to be dismissed from service, whereas Lotale was subjected to compulsory retirement and was deemed eligible for only 65 percent of the full compensation of pension and gratuity.

Both officers contested the orders before the Central Administrative Tribunal. Padwal's dismissal order was overturned by the tribunal, while Lotale's disciplinary action was upheld. Lotale subsequently appealed to the High Court, and concurrently, the Union government filed a petition against the tribunal's decision favoring Padwal.

The High Court stated that the confessional statements made by the accused individuals in the criminal case pertaining to the 1993 serial bomb blasts before the police could not be considered reliable evidence in the departmental proceedings.

The court noted that in the departmental proceedings, the authority placed significant reliance on the confessional statements of four accused individuals. However, it pointed out that these individuals were not examined during the proceedings.

Padwal and Lotale had denied the allegations leveled against them.

Padwal and Lotale asserted that there was no substantial evidence implicating them, and the disciplinary action was initiated based solely on statements provided by certain police officers. These officers had purportedly relied on alleged confessional statements given by the accused individuals in the 1993 serial bomb blasts case.

The two individuals further emphasized that they were never formally named as accused in the criminal case. However, the Union government contended that due to the laxity and misconduct of officials, contraband goods such as explosives, arms, and ammunition were permitted to be landed, subsequently being utilized in the serial bomb blasts.

"In both the departmental proceedings, the employees (Padwal and Lotale) were not tried as accused persons in the criminal case which the CBI had investigated and even prosecuted certain other departmental officers," the HC said.