Maharashtra Tribunal Orders Reinstatement of Suspended Sports Official in Corruption Case
The Maharashtra Administrative Tribunal (MAT), Aurangabad bench, has issued a significant directive to the state government, ordering the immediate revocation of the suspension of Parbhani district's sports officer, Kavita Subhash Navande-Nimbalkar. This decision comes in the wake of her arrest last year by the Anti-Corruption Bureau (ACB) on allegations of demanding a bribe to clear pending bills amounting to a substantial Rs 95 lakh.
Details of the Tribunal's Ruling and Timeline
In a decisive order dated February 11, the tribunal allowed the original application filed by Navande-Nimbalkar, compelling the authorities to revoke her suspension order, which was issued on April 3, 2025. The directive mandates that this revocation must occur within three weeks of receiving the order. Furthermore, the tribunal has ordered the issuance of a consequential reinstatement order within the same stipulated period, ensuring her return to duty without delay.
Background of the Alleged Corruption Incident
Kavita Navande-Nimbalkar, aged 52, was serving as the district sports officer when an FIR was registered against her at the Nava Mondha police station in Parbhani. The complaint centered on allegations that she sought a bribe in connection with sanctioning bills related to two key projects: the construction of a swimming pool at a sports academy in Manwat and the organization of a Kabaddi competition.
According to the official complaint, bills totaling Rs 95 lakh were pending before her, and it was alleged that a demand for money was made to facilitate their clearance. Specifically, the accusations included that a co-accused demanded Rs 50,000 for himself and an additional Rs 2 lakh for Navande-Nimbalkar. On March 13, 2025, the complainant reportedly handed over Rs 1 lakh to Navande-Nimbalkar to process and sanction these bills.
Legal Proceedings and Suspension Details
Following the registration of the FIR on March 27, 2025, Navande-Nimbalkar was arrested and subsequently placed under deemed suspension under Rule 4(1)(a) and 4(1)(c) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. The suspension order, effective from April 3, 2025, was made retrospectively applicable from March 27, 2025. She was formally booked under Sections 7, 7A, and 12 of the Prevention of Corruption Act, 1988, highlighting the severity of the charges.
Arguments Presented by the Applicant's Counsel
Advocate Abhishek Avinash Aghav, representing Navande-Nimbalkar, presented compelling arguments before the tribunal. He contended that no charge sheet had been filed in the criminal case, and no departmental inquiry was initiated even after the completion of 90 days from the date of suspension. Aghav argued that this prolonged suspension constituted administrative injustice and arbitrariness, restricting his claim solely to the revocation of the suspension and her reinstatement, rather than challenging the merits of the case itself.
Legal Precedents and Government Resolutions Cited
The tribunal, presided over by Shri Ashutosh N Karmarkar, relied heavily on established legal precedents and government directives. It referenced the Supreme Court's landmark ruling in Ajaykumar Choudhari Vs Union of India, which asserts that suspension should not extend beyond three months if a memorandum of charges or charge sheet is not served within that period. Additionally, the tribunal cited a Government Resolution dated April 22, 2025, which mandates the termination of suspension if no disciplinary or judicial proceedings commence within three months.
Observing that the issue of revocation was not effectively presented to the suspension review committee in a timely manner, the tribunal concluded that the continued suspension was unwarranted. Consequently, it ordered the revocation of the suspension and reinstatement within three weeks, with no order passed regarding costs, thereby bringing a swift resolution to this administrative matter.
