Suspension order of tribal development inspector revoked by MAT

  • | Monday | 19th November, 2018

Mukund Solase, a clerk-cum-typist, holding additional charge as tribal development inspector in the office of additional commissioner (tribal development), had approached MAT, challenging his suspension order dated November 23, 2017 under the Administrative Tribunals Act. Solase was booked for submitting false report in the capacity of an inspector with the tribal development department. Meanwhile, in its affidavit, the tribal development department told MAT that the charges in the FIR are serious, therefore, the suspension is “legal and correct”. “Suddenly, the suspension order was passed on November 23, 2017 suspending the applicant with retrospective effect, i.e. Solase’s lawyer Abhijeet Desai told MAT that despite making representation before his department, no decision was taken to review the suspension order.

In July 2016, the Khandeshwar police station in Navi Mumbai had registered an FIR against Solase and a few others officials (Representational) In July 2016, the Khandeshwar police station in Navi Mumbai had registered an FIR against Solase and a few others officials (Representational) The Maharashtra Administrative Tribunal (MAT) recently revoked the suspension order of a tribal development officer, who was suspended by the state’s tribal development department following an FIR against him. Mukund Solase, a clerk-cum-typist, holding additional charge as tribal development inspector in the office of additional commissioner (tribal development), had approached MAT, challenging his suspension order dated November 23, 2017 under the Administrative Tribunals Act. In July 2016, the Khandeshwar police station in Navi Mumbai had registered an FIR against Solase and a few others officials. Solase was booked for submitting false report in the capacity of an inspector with the tribal development department. Solase, however, continued to work and was also transferred within the department. While revoking the suspension order, Judge A P Kurhekar observed, “In the present case, no such material exists to justify the inordinate and longer period of suspension, particularly when no such suspension action has been taken in respect of other persons against whom offences have been registered along with the present applicant.” Judge Kurhekar noted, “In view of above discussion, what emerges is that the suspension order has been passed belatedly after 10 months from the date of arrest of the applicant and there is no plausible explanation forthcoming for such belated action. It can be inferred that there was no enough material to take immediate action to warrant the suspension.” On January 30, 2017, Solase was arrested by the police. Five days later, he managed to secure bail from a local court. Upon release, he resumed work and continued working for around 10 months, when he was ‘suddenly’ suspended, Solase mentioned in his application before MAT. “Suddenly, the suspension order was passed on November 23, 2017 suspending the applicant with retrospective effect, i.e. from the date of arrest, 30.01.2017,” his application said. Solase’s lawyer Abhijeet Desai told MAT that despite making representation before his department, no decision was taken to review the suspension order. Desai claimed the other co-accused, though were in custody, his client was only picked up with the intention to get him suspended and, therefore, the order of suspension is discriminatory and suffers from malice. Desai also told the court that though Solase is under suspension for almost 27 months, no chargesheet has been filed nor any departmental action initiated, which shows lack of adequate material for continuation of suspension. Meanwhile, in its affidavit, the tribal development department told MAT that the charges in the FIR are serious, therefore, the suspension is “legal and correct”. For all the latest Mumbai News, download Indian Express App

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