E-Paper
HC quashes decision to appoint Dr Sanjiv Thakur as dean of BJ Medical College
The decision comes in the backdrop of the controversy surrounding the unnecessarily prolonged stay and escape of drug kingpin Lalit Patil from Sassoon on October 2
The Bombay High Court on Friday upheld the order passed by the Maharashtra Administrative Tribunal to quash the appointment of Dr Sanjiv Thakur as dean of BJ Medical College (BJMC) and Sassoon General Hospital and repost Dr Vinayak Kale as dean of the college.
The decision comes in the backdrop of the controversy surrounding the unnecessarily prolonged stay and escape of drug kingpin Lalit Patil from Sassoon on October 2.
Dr Kale was appointed as dean of BJMC and Sassoon on April 8, 2022, in view of his promotion to the cadre of dean by the government. He was entitled to three years’ normal tenure in terms of provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 (hereinafter referred to as Transfer Act 2005 for brevity). However, on January 13, Dr Kale was transferred from the post of dean, BJMC to the post of director, Maharashtra Institute of Mental Health, Pune.
In another order issued by the government on the same day (January 13), Dr Thakur, dean of Dr VM Government Medical College, Solapur was appointed as dean of BJMC and Sassoon.
Unhappy with the decision of the state government Dr Kale, moved to tribunal challenging both the transfer orders.
As per the petition filed by Dr Kale, the post of director, Institute of Mental Health, Pune is arbitrary having the effect of a change of service conditions, downgrading to a lower post is unsustainable in law and liable to be quashed. He also requested to be reposted on the post of dean, BJMC, Pune.
On July 12 the tribunal gave orders in favour of Dr Kale, quashing both the transfer orders directing to repost Dr Kale on the post of dean BJMC within two weeks. The tribunal also said the government is at liberty to give appropriate suitable posting to Dr Thakur. However, the decision of the tribunal was immediately challenged by Dr Thakur who filed an appeal in Bombay High Court which was set aside on Friday.
Dr Kale, said, “The transfers were not as per the rules. Although the tribunal gave the orders in my favour it was challenged in the Bombay High Court. The court has upheld the decision given by the tribunal. A fresh order of reinstating me at the post of dean at BJMC is likely to be received.”
