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Bombay High Court upholds MSRTC chief's termination of service

A division bench of justices AS Oka and CV Bhadang in their order passed early this month refused to order reinstatement of Jeevanrao Gore as chairman of the Board of Directors of MSRTC.

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The Bombay high court recently quashed and set aside the termination order passed against chairman of Maharashtra State Road Transport Corporation (MSRTC) and its three directors by the state government. However, due to the amendment in the Act governing the corporation, it allowed the transport minister to act as the ex-officio chairman.

A division bench of justices AS Oka and CV Bhadang in their order passed early this month refused to order reinstatement of Jeevanrao Gore as chairman of the Board of Directors of MSRTC.

The bench was hearing petitions filed by Gore and the directors namely Babasaheb Mulik, Manohar Pashilkar and Anandrao Patil who challenged termination of their service from the MSRTC board of directors.

Gore and others were appointed on August 6, 2012 to the board. On December 23, 2014 the government issued an order terminating their services with effect from January 22, 2015 in pursuance to amendment in rules.

Gore had argued in court that if the minister of the transport department is appointed to head such a corporation then the state government would lose its power over the corporation. Advocate General Sunil Manohar, however, pointed out that a large number of statutory corporations or authorities are headed either by chief minister or state ministers.

Conceding with him, the high court observed that the state government has been conferred wide powers to control the functioning of MSRTC. "Merely because a minister is the chairman of the said corporation we fail to see as to how the plenary powers of the state government conferred under the Act to control MSRTC are affected in any manner."

The court however stayed its order for six weeks after the government sought time to challenge it in the higher court.
 

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