Pune Land Deal Scandal: State Revenue Department Recommends Dismissal of Two Officials Without Formal Enquiry
The Maharashtra state revenue department has taken a significant step in the ongoing Mundhwa land deal controversy by recommending the immediate dismissal of two government officials allegedly involved in the transaction. This recommendation comes even as the Vikas Kharge-led investigative committee has yet to submit its final report detailing the alleged irregularities in the deal.
Proposal Under Legal Scrutiny Amidst Constitutional Provisions
Senior government sources have confirmed that the dismissal proposal is currently "under process" and undergoing rigorous legal examination. The recommendation specifically targets sub-registrar R Taru from the stamp duty department and Pune tehsildar Suryakant Yewale. Officials emphasize that no final decision has been made, but the move is intended to serve as a strong deterrent against future misconduct.
The proposal invokes the state's discretionary powers under Article 311 of the Indian Constitution, which allows for dismissal without a formal departmental enquiry under strictly defined exceptional circumstances. A senior revenue department official stated, "This was recommended to ensure such acts are not repeated and to maintain administrative integrity."
Legal Experts Caution Against Uncommon Procedure
Retired bureaucrats and legal authorities have highlighted that bypassing a departmental enquiry is highly unusual and subject to strict judicial interpretation. Article 311 permits such action only in three specific situations:
- When an employee has been convicted of a criminal offence.
- When conducting an enquiry is deemed not reasonably practicable, with documented reasons.
- When the President or governor determines that holding an enquiry would compromise state security.
A senior advocate explained, "Courts have consistently held that 'not reasonably practicable' cannot be invoked merely for administrative convenience. Judicial precedents have struck down dismissals based on vague or mechanical references to Article 311."
The advocate further noted that justifications like administrative urgency, public pressure, media attention, or the seriousness of allegations alone have been rejected by courts. The reasons for skipping an enquiry must be established upfront and cannot be defended after the fact.
Awaiting Kharge Committee Report and Government's Next Steps
With the Kharge panel's report still awaited, government officials have indicated that a comprehensive legal review will be conducted before any action is taken on the recommendation. If approved, this would represent a rare instance of dismissal without enquiry in Maharashtra's administrative history, aimed at addressing allegations of irregularities in the registration of government land in Mundhwa.
The situation underscores the delicate balance between administrative action and constitutional safeguards, as the state navigates allegations of misconduct while adhering to legal protocols. The outcome will likely set a significant precedent for how similar cases are handled in the future.
