Court reinstates whistleblower, fines govt Rs 20k

MUMBAI: “Whistleblower” and senior state official Subhas Mane, who was suspended after he exposed an alleged Rs 125 crore FSI scam at the Agricultural Produce Marketing Committee in Navi Mumbai, won relief in the Bombay high court on Monday. A division bench of Justice Anoop Mohta and Justice Nitin Jamdar upheld a Maharashtra Administrative Tribunal (MAT) order to reinstate Mane as state director of marketing, and imposed a fine of Rs 20,000 on the government.
The HC dismissed the state’s appeal challenging the MAT’s order, which—besides cancelling Mane’s suspension—had also asked the state to shell out Rs 2 lakh as litigation costs to the officer. The HC reduced the fine amount and asked the state that if it plans to conduct the inquiry against Mane, it should be completed within a reasonable period.
Mane, who is due to retire on December 31, 2014, had said that his decision to act against APMC officials, had resulted in him being served show-cause notices as well as a transfer to a defunct department. Advocate Ashish Gaikwad, counsel for Mane, said the state government had targeted Mane. The MAT had agreed as much and observed in October 2014 that “given the history of dubious directives in the matter pertaining to Mane, and the apparently vindictive nature displayed in passing unsustainable orders and putting him to hardship and a flood of litigation, a cost is awarded (in the case)”.
Senior advocate A Y Sakhare and government pleader Abhinandan Vagyani justified the state’s decision to act against Mane. Mane was appointed as director of marketing on March 18, 2014, following MAT’s orders. Two days later, the state took away powers granted to the post. Mane moved the tribunal and the state order was stayed. In May, the officer issued notices to APMC officials alleging that they had caused a loss of over Rs 125 crore following the sale of 50,000 sq m land belonging to the market. The state then issued a series of show-cause notices to Mane, including for speaking to the media and another one for not showing respect to two MLAs and abusing dignitaries.
Subsequently, the state in July transferred Mane, but this was stayed by MAT. In September 2014, the state suspended Mane for giving interview to the media and maligning the government’s image. Mane again moved MAT, which in October asked the state to reinstate him.