CM has no supervisory powers over his cabinet colleagues: HC

Strap: Bombay HC strikes down the chief minister’s decision to stay bank recruitment allowed by minister of co-operation

MUMBAI: The chief minister does not have supervisory powers over his cabinet colleagues and therefore cannot review or modify the decisions taken by his cabinet colleagues, the Bombay high court held last week. It struck down the order passed by the chief minister in November 2022, restoring stay on recruitment by Chandrapur District Central Co-operative Bank, six days after the minister of co-operation allowed the bank to go ahead with the recruitment.

“The chief minister has no independent power under the Rules of Business, and Instructions (issued under the Rules) to interfere with the department allocated to the minister in-charge,” the division bench of justice Vinay Joshi and justice Valmiki Menezes said on March 3 while striking down the chief minister’s order.

The bench held that under the Rules of Business and Instructions prevailing in Maharashtra, the chief minister had “no authority or power to supervise” work ministers with independent charges, “nor do the Rules indicate that the ministers are subordinate to the chief minister” as regards functioning of the departments assigned to them.”

Chandrapur District Central Co-operative Bank had moved to the high court, challenging the order passed by the chief minister on November 29, 2022. The bank said since 393 posts were lying vacant across its 93 branches, in November 2021 its board of directors passed a resolution to fill the posts.

After the divisional joint registrar approved the bank’s proposal to undertake the recruitment on February 25, 2022, the bank issued an advertisement and started the recruitment process. However, after the local MP started complaining about the recruitment, the divisional joint registrar passed an order on May 12, 2022 and stayed the recruitment process.

Following a representation made by the bank, the minister of co-operation on November 23, 2022, vacated the stay and allowed the bank to proceed with the recruitment. Six days later, the chief minister restored the stay based on a complaint lodged by two political opponents of the bank’s chairman, Santoshsingh Rawat.

The bank contended before the high court that the chief minister had no jurisdiction to interfere with the functioning of the co-operatives department and as such no powers to stay the recruitment, specifically allowed by the minister with independent charge of the department.

HC accepted the contention. The bench held that “the chief minister has no independent power assigned under the Rules of Business and Instructions issued thereunder to review or modify the decision taken by the concerned in-charge minister.”

The bench clarified that though the order granting permission for recruitment is administrative in nature and as such it can be reviewed, but it can be done only by the minister in-charge of the department.

“The intervention of the chief minister is not authorised under the Rules of Business, and the Instructions issued thereunder. The intervention of the chief minister is wholly unwarranted and without the authority of law,” the bench added.