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Show maintainability of PIL seeking removal of non-IAS Municipal Commissioner: Bombay High Court to petitioner

The plea made the following claims:

  • That Dhole is not from IAS cadre;

  • The post was occupied by an officer from the IAS cadre, and his term had not yet expired when he was removed.

The present commissioner, who was working as a Deputy Commissioner in the Goods and Service Tax Department, was sent to the State Ministry of Urban Development Department and, thereafter, transferred to MBMC as as Additional Municipal Commissioner on August 2020.

In March 2021, he was appointed as Municipal Commissioner.

The petitioner claimed that letters were addressed to Shinde as Cabinet Minister and the appointment of Dhole was a political gimmick to suit the requirement of the ruling dispensation.

The petitioner claimed that documents obtained through Right to Information Act (RTI Act) and newspapers also showed that Shinde had directed the appointment of Dhole as Commissioner even though the said post was not vacant.

Source: Barandbench

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