MAT orders state to reinstate suspended tehsildar on duty

Chhatrapati Sambhajinagar:

The vice-chairman of Maharashtra Administrative Tribunal (Aurangabad Bench), P R Bora, has directed the state government to scrap the suspension order of the then tehsildar Jyoti Pawar and reinstate her with immediate effect. The order was given on Friday.

The order was given in an appeal filed by Pawar challenging her suspension for not taking action to prevent theft of ‘murum’ from private property.

Earlier, the MLA and former assembly speaker Haribhau Bagade had made a complaint to the revenue minister stating that no action was made to prevent theft of minor minerals (murum) from the land owned by Devgiri Sahakari Sakhar Karkhana in Phulambri. The issue was raised as a star question in the assembly. In response to which, the revenue minister had assured of taking action against concerned officials. Accordingly the state government suspended the tehsildar on August 24, 2023. Hence, Pawar challenged the decision in the MAT.

Earlier, after the assurance of action by the revenue minister, Pawar was first suspended on July 14, 2023, but she challenged the decision in MAT through Adv Sidheshwar Thombre. Accordingly, MAT stayed the suspension and she was reinstated in her position. Later on the state government issued her suspension for a second time on August 24, 2023 stating that a departmental enquiry (DE) report has been sought from the divisional commissioner. Hence Pawar again challenged her suspension in MAT. Adv Thombre argued that the order of DE is a political decision. The suspension order is an administrative process, not a punishment. A willful exercise of the right to suspend without reasonable cause would be an abuse of power. Suspension due to political interference will lead to mental breakdown of officers. He also referred to a Supreme Court judgment in support of the argument.