Bombay High Court: Does the CM have the right to change the minister’s decision or not? Read important decision of Nagpur bench

Bombay High Court: Does the CM have the right to change the minister’s decision or not?  Read important decision of Nagpur bench

Eknath Shinde and Bombay High Court Nagpur Bench: Nagpur Bench of Bombay High Court has given an important decision. According to ABP Manjha, it has been said that if the minister of any department has taken a decision under his department, then the Chief Minister has no right to change that decision or interfere in it. Nagpur Bench has given this important decision in Chandrapur District Central Bank recruitment case. The Nagpur Bench of the Bombay High Court held Chief Minister Eknath Shinde has also been removed. The bench of Justice Vinay Joshi and Justice Valmiki Menges has given this decision.

How many posts are vacant and how many have been filled?
Chandrapur district has 93 bank branches under the jurisdiction of Chandrapur District Central Bank and has 885 sanctioned posts of employees. Presently only 525 posts are filled and remaining 393 posts are vacant. The Board of Directors of the Bank in its meeting held on 18 November 2021 approved the proposal to fill up the posts as the vacancies are causing operational difficulties. The proposal has been sent to the Cooperative Commissioner for approval.

After this, on 25 February 2022, the Cooperative Commissionerate approved the recruitment of the bank. However, in the petition filed in the court, it was alleged that the political rivals of the bank’s chairman Santosh Singh Rawat had made false complaints against him to the state government. A petition was also filed in the High Court requesting an order to appoint an administrator over the bank.

The petitioner i.e. the existing Board of Directors of the District Bank had filed a petition against him in the High Court. Also filed an appeal with the Cooperative Minister. After this, Cooperative Minister Atul Save had cleared the recruitment on November 22, 2022, canceling the ban. However, when the bank recruitment process was about to begin, the Chief Minister issued an order on November 29, 2022, stopping the re-recruitment.

After this the petitioner again approached the High Court. During the hearing on this, the High Court has lifted the ban on this recruitment. According to the court, the Chief Minister was not the head of the cooperative department, nor did he have more privileges than the minister of the concerned department, nor was there any rule that any minister was considered inferior to the Chief Minister. While taking such a decision, the Chief Minister should have also clarified under which provision he is taking the related decision.

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