Case Law Details
Pradip Bapurao Jambhale-Patil Vs Smita Gangaram Zagade (Bombay High Court)
Original Application filed by the Respondent No.1 as the same could be heard only by the Division Bench and not by the Learned Single Member of the Tribunal. Accordingly, decision of Maharashtra Administrative Tribunal revoking deputation of the sales tax officer lacks jurisdiction.
Facts- It is the case of the Respondent No.1 that the Petitioner does not belong to the Municipal Administrative Service and his parent department is the Sales Tax Department. He was appointed as Deputy Commissioner on deputation on 11 August 2020. By an order dated 22 September 2022, the petitioner was brought in the cadre of Deputy Commissioner Sales Tax Department Class-1 (Selection grade).
It is the case of the Respondent No.1 that the Applicant was appointed as Additional Collector of Pimpari-Chinchwad Municipal Corporation in view of the order passed by the Hon’ble Chief Minister to appoint the Respondent No.1 as Additional Commissioner with PCMC on 22 August 2022. The Respondent No.1 was issued a formal order for appointment on 13 September 2022 by exercising powers under Section 39A of the Maharashtra Municipal Corporation Act.
It is the case of the Respondent No.1 that she was not allowed to join PCMC abruptly by an order dated 22 September 2022. Her appointment has been cancelled and Petitioner was appointed without giving any reason whatsoever. The Respondent No.1 accordingly filed the original application before the Tribunal inter alia praying for setting aside the order of cancellation of appointment of the Respondent No.1 and appointing the Petitioner to the said post.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
