In a recent decision from the Bombay High Court, Judge Amit Borkar ruled against the acceptance of a report submitted by an officer who wasn't allowed to do so, impacting several members of a Mumbai cooperative housing society. Here's a breakdown of what happened.
This case involves Nainesh Sanghvi and others who were part of a cooperative housing society in Mumbai. They were up against the State of Maharashtra and various officials responsible for managing cooperative societies.
On October 30, 2018, the Deputy Registrar in Mumbai started looking into the housing society's financial activities from 2012 to 2016. This investigation was later extended to include up to October 30, 2018. The investigation found financial losses and legal problems.
An officer named Shivaji Shinde was chosen to conduct further investigation. However, because of delays, he was replaced by Sunil Khochre on February 14, 2022. Despite being replaced, Shinde went ahead and submitted a report on March 1, 2022. This led to a demand for payment being issued on October 13, 2022, making the society members responsible for over Rs. 49 lakh.
The people challenging this, including Nainesh Sanghvi, argued that Shivaji Shinde had no right to submit the report after he was replaced.
Judge Amit Borkar decided that once an officer is replaced, they no longer have the power to act. He stressed that any actions taken by Shivaji Shinde after his replacement were not valid. The court canceled the report and the demand for payment based on it.
"An officer acting under a law does not act on personal authority. His power ends the moment that authority is taken away."
The case has been sent back for a new hearing under the right authority. The new officer will look at the existing records and give a fair hearing to all parties involved.
The court's decision highlights the importance of following correct procedures and the role of the judiciary in ensuring fairness and legality.
