Minister has no power to modify, review decision of in-charge minister: Bombay High Court Chief
The Bombay High Court passed a oChandrapur_District_Central_vs_The_State_Of_Maharashtra_Thr_on_3_March_2023 (1)rder on 3 March, 2023.This was seen in the case of Chandrapur District Central Co-operative Bank Ltd. & Anr. v. State of Maharashtra & Ors. 8041 OF 2022 and the case was presided over by Hon’ble Justice Vinay Joshi and Valmiki SA Menezes.
FACTS OF THE CASE:
In this case there are 93 banks in chandarpur district of Maharashtra. Due to several retirements over the years, the board of directors in November 2021, decided to take steps to fill up such vacancies. Then the bank published advertisment to fill the vacancies of the bank. Many allegations were made by chairman’s political opponent regarding corruption in recruitment process. Then the Co-operation department put stay in the recruitment process. Thereafter, it was stayed by the CM Eknath Shinde which was challanged by bank as he was not the head of the Co-operation department.
ORDER BY COURT:
The Court noted that CM was not the head of the co-operation department, and that a separate minister had been assigned to the department.
“There is no authority/ power vested in CM as per Rules of Business and Instructions to have supervisory powers over the decision taken by the concerned Minister. Nor do the Rules indicate that the Minister is subordinate to the Chief Minister as regards independent functioning of a department assigned to him by the Rules,” the Court reasoned.
Hence, the Court allowed the plea and quashed the stay order of the CM.
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JUDGEMENT REVIEWED BY ARCHLA.