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Bombay high court reinstates Arun Bhatia as Pune municipal commissioner

The Bombay high court today quashed the Maharashtra government's order to transfer senior IAS officer Arun Bhatia to the state archives department and directed it to reinstate him as Pune's municipal commissioner.

A division bench comprising Chief Justice Y K Sabarwal and Justice S Radhakrishnan today asked that Bhatia be reinstated, following two public interest petitions filed by Pune-based citizens organisations.

The judges observed that the reasons for Bhatia's transfer cited in the affidavits of Chief Minister Narayan Rane, Chief Secretary P Subramanayam and state personnel secretary, was not accepted by the court. In their affidavits the trio said since an inquiry about the leakage of confidential documents to the press is pending against Bhatia, he was transferred to the state archives department from the Pune Municipal Corporation.

Bhatia, who assumed charge as municipal commissioner on March 6, was shifted to the state archives department, following a demolition drive initiated by him, wherein over 40 illegal structures in various parts of the city were demolished. Some of the structures were reportedly owned by influential people. However, the state government contended that he was shifted for leaking confidential documents to the press.

Bhatia said he will assume charge on April 15 as Wednesday is a public holiday. "I intend to continue the demolition drive," he said.

The judges dismissed the plea for a stay on the order, saying, "We know it is not a case which requires a stay."

The bench observed that the state government was, however, free to take action if the allegation of leaking confidential documents to the media by Bhatia is proved. The bench felt it was not a routine transfer, and was in the nature of punishment.

"We wish to emphasise that during the present days of unfortunate corruption and dishonesty, honesty requires a pat on the back, not punishment," the judges felt.

Advocate-General C J Sawant, who appeared on behalf of the Maharashtra government, argued that Bhatia should not be reinstated, as an inquiry is pending against him. The bench felt the process of inquiry could go on. They disagreed that the officer may hamper the inquiry. While disagreeing with the state government's submission on the pending inquiry against Bhatia, the bench felt the inquiry has not yet started .

The Maharashtra government is seeking legal opinion on the high court order and will challenge the judgment in the Supreme Court, Rane said.

The chief minister said the transfers of bureaucrats was the right of the administration. ''It would be difficult to run the government due to such interference,'' he added.

Asked if the government would reinstate Bhatia, he said, ''It was obligatory for the government to obey the court orders." The disciplinary action and departmental inquiry initiated against Bhatia would continue, he said.

UNI

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