Justice restored

Equally, the ruling will put heart into officials who hesitate to perform their duties, who dither between the demands of the law and the demands of their political bosses because of the threat of punishment postings held over their heads. Knowing that they will be called to account and made to justify their transfer orders, politicians are going to have to think twice before meddling in the administration. Transparency in decision-making gets a big boost from the ruling. Above all, it satisfies the demands of simple justice by its clear-cut conclusion. In rejecting the government8217;s pleafor a stay on Bhatia8217;s reinstatement, the judgment denies the government any benefit of doubt and scope for mischief and makes swift amends to an officer described as upright and honest and acting within the law.

Popular protests against the removal of Bhatia have been thoroughly vindicated. Citizens of Pune were outraged by what they saw as mala fide intent and arrogance in the government8217;s transfer orders within a week of Bhatia taking over as Municipal Commissioner and ordering the demolition of some of the illegal structures scarring the city. Rarely has an issue galvanised so many people from all walks of life. The sheer brazenness of the government had much to do with it. Petitions were raised but dismissed out of hand by Chief Minister Narayan Rane who also ignored the dharnas and marches and in doing so proved how out of touch he is with popular sentiment. The people now have the satisfaction of seeing that they were right and seeing a courageous and determined officer back on the job.Pune8217;s civic life is bound to be profoundly changed by this experience.In reaction to the judgment, Rane has taken recourse to high principle. He suggests that intervention by the courts in administrative matters will affect the smooth functioning of the government. More will be said on similar lines in the days ahead by pundits and government apologists. If by smooth functioning is meant no challenges to arbitrary decisions and that the diktat of politicians should prevail even over the law, then bumpy rides for governments should be the order of the day. The Bombay High Court set out its position on justifiable and unjustifiable administrative orders.

When transfers are ordered for genuinely administrative reasons the courts will not interfere. But the transfer of an officer for no reason but that he is doing his duty should be severely condemned. This means that genuine reasons must stand the test of public scrutiny as well as the scrutiny of the courts when necessary. The executive cannot claim itknows best and shield itself behind 8220;smooth functioning of the administration8221;. The Bhatia case will ensure that the lesson sinks in.