MAT quashes AGOT Sonali Bade's termination

The Maharashtra Administrative Tribunal (MAT) has quashed and set aside the termination order of State Administrative General and Official Trustee (AGOT) Sonali Bade and has directed the state government to reinstate her within four weeks.
The AGOT of the state is the custodian of all the unclaimed properties in the Maharashtra.
Bade had approached MAT after she was terminated on December 31, 2014 by the government saying that she could not maintain the expected standard of work required by AGOT. Later an enquiry was constituted against her.
Subsequently, the woman officer, who was on deputation as AGOT from September 2013, approached the Tribunal saying that the order was "stigmatic" and was passed without giving any hearing to her.

"The (termination) order was based mainly on the enquiry report. The conduct of the enquiry and the report itself would make it quite clear that it was damaging and damning against the applicant (Bade)," observed the Tribunal, constituting Vice-chairman Rajiv Agarwal and judicial member R B Malik.
The Tribunal also observed that if it was decided to adduce material by way of enquiry and material was adduced which influenced the (termination) order which amounted to punishment, then the employer would have to follow the requirement of law by following the principles of natural justice.

"The employer (state government) then cannot turn around and try to take a somersault by saying that in case of a probationer, the enquiry was any way not necessary," the MAT observed (Bade was posted as AGOT as a probationer for two years).

It also observed that the facts suggests that the order based on the enquiry report is not an innocuous one but brings in its wake serious consequences prone to affect (Bade) adversely then a mere say so that it did not amount to punishment will not be sufficient to work in favor of the (state).
"It is a fact that the enquiry was held behind the back of the applicant (Bade) but what is more important is that the (state) wants to deny this position. It is one the things for them to adopt a legal stand howsoever rickety it might be, but quite another to try and place on record the facts which may not be accurate," observed the Tribunal.

Further it also observed that, it (the Tribunal) suspects that the (state) is quite conscious of the fact that in view of the facts and circumstances they were in duty bound to give all opportunity to (Bade), but they failed to do so making the order susceptible to judicial interference.