​HC quashes suspension of BMC staffer

MUMBAI: Observing that suspension shames a person and has drastic consequences, the Bombay high court has quashed the suspension of a BMC employee who was trapped by the anti-corruption bureau last year.

A division bench of Justice S J Vazifdar and Justice K R Shriram held the suspension of Prakash Gole (42), inspector, shops and establishments (S ward-Bhandup), to be "illegal" and directed him to be reinstated forthwith and paid his arrears. They said while BMC had itself concluded that Gole was "innocent, that he was a victim of dishonest acts of others and that there were no defaults" on his part, it proceeded to "mechanically" suspend him without considering the facts and on an "incorrect interpretation" of Rule 80 (1) of BMC Service Rules.

Under Rule 80 (1), a municipal servant may be placed under suspension where there is a case against him under investigation, inquiry or trial. The judges said Rule 80 (1) does empower the competent authority to suspend an employee but it is a discretionary power to be exercised fairly and bona fide. "Suspension is a very drastic action and has very drastic consequences. The person not only gets less pay but goes through the ignominy of having to face all his colleagues, family and friend while under suspension. He is shamed," they wrote.

Gole's petition said that due to his action against unauthorized slums/shops, he received threats from Arasu Gaudar and Ramesh Birwadkar. On July 16, 2012, the duo framed him in a trap. Gole was granted bail within 24 hours noting that he had complained to his seniors about the threats.

He moved the HC because even after his superior recommending his case to be considered sympathetically and an internal inquiry report suggesting that no action be taken against him, he was not permitted to resume duty.

The HC noted that there were previous police complaints against Gauder and Birwadkar and even a colleague, similarly trapped by ACB and after a 4-year suspension, was found innocent and reinstated.

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