CM has no power to review or modify min’s decision: HC

Nagpur: Coming down heavily on chief minister Eknath Shinde for interfering in the cooperation minister’s working, the Nagpur bench of Bombay high court ruled that “he has no supervisory powers to review or modify the decisions taken by the concerned minister”.
Quashing Shinde’s decision of November 29 last year wherein he stayed the minister’s order to allow petitioner Chandrapur District Central Cooperative Bank (CDCCB) to start recruitment process, the HC clarified that the order of granting permission is of administrative nature which can be reviewed only by the in-charge minister.
“We hold that the CM has no independent power assigned under the Maharashtra government rules of business and instructions to review or modify the decision taken by the concerned minister. Therefore, the order of stay granted by him would not stand on this legal touchstone,” a division bench comprising justices Vinay Joshi and Valmiki Menezes held.
Terming the CM’s intervention as “wholly unwarranted and without the authority of law”, the bench said it was not authorized under the rules.
“Admittedly, the CM was not the head of the cooperation department, but it was assigned to a separate minister. There is no authority/power vested in him as per rules to have supervisory powers over the decision taken by the minister. Nor do the rules indicate that the minister is subordinate to him regarding independent functioning of a department assigned to him. Obviously, subordination must be express either by a statute or rules,” the judges said.
The CDCCB had challenged the CM’s stay order contending that he lacks jurisdiction and it was in breach of principles of natural justice.
Arguing that the CM had not verified the allegations before passing the order, the petitioner said the proposal for filling up 393 posts was sanctioned by the cooperation commissioner after an enquiry. “The CM’s order was passed at the behest of local politicians, and it was politically motivated and discriminatory. It does not take into consideration that the bank was facing acute staff shortage making it impossible to run 93 branches,” the petition said.
It pointed out that a complaint was filed by Chandrapur MP Suresh Dhanorkar.
The respondents, including the government, said being head of the council of ministers, the chief minister is responsible for acts of his ministers and has every power to review their orders. Calling the petition as premature, they said the CM has merely stayed the process and directed to initiate enquiry. The respondents contended that the petitioner body had allegedly misappropriated huge sums during the recruitment process, for which criminal action was initiated.
“Once the powers are distributed as per rules, there must be an express provision authorizing the CM to indulge in the matter assigned to the particular ministry,” the judges said.
“Since a minister is supposed to function for the concerned department, he is responsible for its affairs. His orders would assume the character of those passed by the government. There is no provision in the rules to go beyond allocation of work. Rule 15 specifies the classes of cases which shall be submitted to the CM before issuance of orders, but the concerned subject does not fall within specified subjects contained therein,” they said.
blurb
Since a minister is supposed to function for the concerned department, he is responsible for its affairs. His orders would assume the character of those passed by the government
Nagpur bench of Bombay HC
What The HC Said
* Order of granting permission for recruitment can reviewed only by in-charge minister
* CM has no independent power as per rules to review or modify decision taken by a minister
* Stay granted by the CM would not stand on this legal touchstone
* His intervention was unwarranted & without the authority of law
* CM wasn’t head of coop department, but it was assigned to a separate minister
* No authority/power vested in CM to have supervisory powers over minister’s decision
* Rules don’t indicate that minister is subordinate to CM regarding independent functioning of dept