Tribunal revokes prolonged suspension of officer awaiting review

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 oneofitskind 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 monthThe casePrashant 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 CollectorSure challenged his suspension before the MAT His counsel advocate Rajeshwar Panchal said that he didnrsquot 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 suspensionIn his plea Sure named the Divisional CommissionercumControlling Officer of Pune the District Collector and Deputy Collector rehabilitation of Solapur and the Maharashtra Secretary and Revenue Department as respondentsMAT observationMAT 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 suspensionThe MAT observed that the department is now taking steps to reinstate the applicant which is nothing but a damage control exercise ldquoStrangely 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 monthsrdquoldquoSince 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 enquiryrdquo the MAT observedMAT orderIn 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 earliestTruth prevailsSure said ldquoI 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 soonrdquoSure added ldquoI 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 headsrdquoAdvocate speakldquoI 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 caserdquo said Panchal According to Panchal the prolonged suspension is in nobodyrsquos interest and must be avoided90daysTime allotted to review suspension