Ramdas Thuse
Special Divisional Representative..
Nagpur:-
It is a common thing to suspend employees in government service for disciplinary action. However, in one such common case, the issue of employee’s right and constitutional right as well as suspension in good faith was raised, Mumbai High Court Chief Justice Devendra Kumar Upadhyay directed the state government and the Chandrapur Zilla Parishad to be sued by an employee. Did he violate integrity of service by making a complaint? An affidavit has been ordered to be filed on this question.
In Chimur Panchayat Samiti, a complaint was made to the Commissioner that Urade i.e. the Chief Executive Officer of Chandrapur Zilla Parishad was preparing the point list of employees in an illegal manner. Taking cognizance of these complaints, the Commissioner should also prepare the point list i.e. Chief Executive Officer of Chandrapur Zilla Parishad, and action should be taken against those who are found guilty. Denare was ordered to do so.
The Chief Executive Officer complained to his superiors and disrupted the work, as well as pretending to be an official when he was not in office, he made a complaint, thus violating the Maharashtra Zilla Parishad Service Rule 3, the Extension Officer Deva Urade was suspended and ordered to go to Rajura.
This order was challenged by filing a writ petition in the Nagpur Bench of the High Court through advocate Bhupesh Vamanrao Patil of Urade.
The said petition dated 19/10/2023 Hon’ble Chief Justice of Bombay High Court. While coming for hearing before the double bench of Devendra Kumar Upadhyay and Administrative Judge of Nagpur bench Mr. Atul Chandurkar, the petitioner’s advocate Bhupesh Patil as an office bearer of the employee union complains about the functioning and proceedings of the senior officials, it does not violate the principle of integrity and conscientiousness under Maharashtra Zilla Parishad Service Rule 3. Because of this, there will be an attempt to put pressure on the officials of any organization working in the government service and it will be a violation of the constitutional right. Also, the said order is not just and prejudiced. Chandrapur Zilla Parishad has decided to suspend the employees only because of the anger of the employees for pointing out the mistakes of the superiors. Actually. It was argued that in view of the rule under which the suspension was made, the case was not applicable.
After the court heard the arguments of the petitioner’s lawyer Bhupesh Patil and after listening to the state government’s government advocate Mr. Ashirgade in the High Court, the order passed said, “The suspension order appears to be prejudiced and prima facie it appears that the order was passed only to harass the employees on the basis of complaints by the employees. “No heavy punishment can be given for this reason,” the High Court has come under strict pressure on the administration of Chandrapur Zilla Parishad.
The High Court has stayed the suspension order and it will be interesting to see what the answer of the Zilla Parishad is to the question asked by the High Court that if the employees complain to their superiors against their superiors, it is really a violation of the law.
The court stayed the suspension order passed by the Chief Executive Officer of Chandrapur Zilla Parishad and ordered that the employees be allowed to work in his establishment.
In this case, Advocate Bhupesh Patil acted on behalf of the petitioner in the High Court and Government Advocate Ashirgade acted on behalf of the State Government.
