MAT observed that enough time was granted to respondents but no reply was filed
Prashant Sure has been suspended without review since December 7, 2022; (right) Advocate Rajeshwar Panchal
The failure by the department to conduct a review of a suspended revenue officer within 90 days from the date of his suspension, was admitted as grounds to reinstate the officer recently by Maharashtra Administrative Tribunal (MAT). In a one-of-its-kind Maharashtra Administrative Tribunal order, the MAT not only revoked the suspension order by the Collector, but also directed the Collector to clear the salary dues of the officer for the suspension within a month.
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The case
Prashant Sure, 43, circle officer (under the revenue department), was suspended by the Collector (Solapur) on December 7, 2022, after an inquiry was initiated against him for alleged misconduct by not following a circular issued by the Commissioner (Pune Division) with directions regarding the land rehabilitation officer and Collector.
Sure challenged his suspension before the MAT. His counsel advocate Rajeshwar Panchal said that he didn’t commit any misconduct in verifying the entries recorded by the Talathi, and that he only acted on the orders of the land rehabilitation officer and Collector. His contention was that government servants could not be suspended without a review after 90 days from the date of suspension.
In his plea, Sure named the Divisional Commissioner-cum-Controlling Officer of Pune, the District Collector and Deputy Collector (rehabilitation) of Solapur and the Maharashtra Secretary and Revenue Department as respondents.
MAT observation
MAT Member Judge A P Kurhekar, in his July 11 order, observed that though enough time was granted to the respondents, no reply was filed. He observed that not filing an affidavit in response reflects the casual approach of the respondents and failure to justify the prolonged suspension.
The MAT observed that the department is now taking steps to reinstate the applicant, which is nothing but a damage control exercise. “Strangely, the Collector, Solapur, in a letter dated April 3, 2023, cancelled the departmental enquiry initiated on December 7, 2022, and ordered a fresh joint inquiry against the applicant (Sure) and P M Chavan (Talathi). Thus, what transpired is that after the suspension order dated December 7, 2022, neither was a review taken nor departmental enquiry completed within three months.”
“Since a fresh joint departmental enquiry is initiated, it would not be appropriate to make any comment about the merits of the suspension, whether the applicant has committed any such misconduct is the question to be decided after the departmental enquiry,” the MAT observed.
MAT order
In view of the matter, the MAT order stated that the applicant is required to be reinstated. It further stated that he is also entitled to back wages, it said. The MAT also directed the Collector (Solapur) to release pay and allowances to the applicant from March 7, 2023, since he was deemed to have been reinstated in service. The joint enquiry initiated against the applicant and others will be concluded at the earliest.
Truth prevails
Sure said, “I always believed that there is no substitute to truth and truth prevails. I am yet to get reinstated and I am sure I will be soon.”
Sure, added, “I have been made a scapegoat. The department has accused me of not adhering to the latest departmental circular pertaining to mutation entry. I was adhering to the old circular as my office never got the latest circular and I had no clue about the same. But I was made an accused by my own department heads.”
Advocate speak
“I hope the decision of the Tribunal will be taken in the right spirit not only by the Collector of Solapur who was a party in the case but also by the government and all its authorities who often suspend employees for an unduly long time. This not only results in hardships for the employee but also for the state exchequer because without extracting the actual work from the employees, a huge amount is spent towards subsistence allowance at the rate of 75 per cent of the salary. In some cases it is the full pay and allowances after 90 days, as it happened in the present case,” said Panchal. According to Panchal, the prolonged suspension is in nobody’s interest and must be avoided.
90days
Time allotted to review suspension
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