Mayor, Ruling Party Leader file petition against Mundhe
   Date :10-Jul-2020

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Staff Reporter :
 
Mayor Sandip Joshi and Sandeep Jadhav, Ruling Party Leader in Nagpur Municipal Corporation (NMC), jointly filed a petition in High Court seeking inquiry against Municipal Commissioner Tukaram Mundhe for acting in illegal manner as Chief Executive Officer (CEO) of Nagpur Smart and Sustainable City Development Corporation.
 
The petition is listed for hearing on July 15 and in it the duo claimed that Mundhe unilaterally positioned himself as CEO of NSSCDCL and took several illegal decision. The Board of Directors were not taken into confidence by Municipal Commissioner while overturning decision that were being previously taken unanimously by the Board. Mayor and Jadhav cited the decision to scrap the tenders of Transfer Stations that was approved by Board of Directors and without their approval Mundhe scrapped the same. Also Municipal Commissioner fired several employees of NSSCDCL.
 
They also claimed that Mundhe without authorisation from company's Board mislead the Bank of Maharashtra to authorise himself as signatory for signing on cheques. Thereafter acting illegally Municipal Commissioner also released payments of Rs. 20 crores that they claim amounted to financial impropriety. As city police failed to act on the complaint, the two said they had to approach High Court to seek relief.
 
Krishna Khopde protests for not invited to meeting of NSSCDCL Krishna Khopde, MLA, has protested to Pravin Pardeshi, Chairperson, at not being invited to meeting of Board of Directors of NSSCDCL slated on July 10. Though Smart City project is being implemented in his East Nagpur constituency he was party to every Board meeting held so far. Thus by excluding me from forthcoming Board meet, it seems efforts are on to cover-up illegalities carried out NSSCDCL and also sought clarification from Chairman as to why he was not invited for the meeting.
 
NSSCDCL staffers move HC against Mundhe
 
Staff Reporter
 
Nagpur bench of Bombay High Court, on Thursday, issued notice to Tukaram Mundhe, Municipal Commissioner, and all 14 Directors of Nagpur Smart and Sustainable City Development Corporation Ltd (NSSCDCL) on a petition filed by seven terminated employees charging Mundhe with usurping the post of NSSCDCL Chief Executive Officer (CEO) and acting illegally. A day ahead of crucial meeting of the Board of Directors of NSSCDCL convened to grant post-facto approval to action taken by Mundhe, the petitioner-employees have launched a scathing attack in this petition questioning legality of his actions without valid appointment and in utter breach of provisions of the Companies Act. Since NSSCDCL Board is yet to appoint any CEO, assumption of powers by Mundhe was without any authority and hence his actions must be stayed, the petitioners contended.
 
A division bench consisting of Justice Sunil Shukre and Justice Shriram Modak, after a brief motion hearing, issued notice to all Directors including Pravin Pardesi, Chairman of NSSCDCL; Ravindra Thakare, District Collector; Dr Bhushan Kumar Upadhyay, Commissioner of Police; Sheetal Ugale, Chairperson of Nagpur Improvement Trust (NIT); nominee Directors including Sandeep Joshi, Mayor; Sandeep Jadhav, Managala Gaware, Vaishali Narnawre, Tanaji Wanve, Vijay Zalke, two independent Directors Jaideep Shah and Aniruddha Shenvai, Bhanupriya Thakur, Company Secretary; Dr Archana Adsad, HR head, along with Union and State Governments, Nagpur Municipal Corporation (NMC), NIT, and NSSCDCL asking them to file reply within two weeks.
 
The petitioner-employees have accused Mundhe of abusing the powers of the CEO of NSSCDCL without any authority and questioned the decisions taken by him in gross violation of articles of association and provisions of Companies Act. The termination of service was a pre-decided act and taken in one single day without following due process, the petitioners claimed. Adv Shreerang Bhandarkar appearing for the petitioners described Mundhe appointing himself as CEO of NSSCDCL on telephonic instructions as a classic case of gobbling of powers and questioned the legal basis of all the decisions including termination of employees on May 26 and June 16. The petitioners namely Devendra Mahajan, Uday Ghiye, Swapnil Kamble, Sushil Barai, Chetan Bagde, Shubhangi Gadhwe, and Amol Gujar dubbed the entire action of forcible termination as illegal and arbitrary.
 
The services were terminated without following HR policy and violating all norms and ignoring the renewal of contract. The petitioners claimed that Mundhe was acting in defiance of law, in mala fide fashion with an oblique motive, without there being any authority under law vested in him, and acting as CEO of NSCCDCL on his own, and urged the High Court to restrain him from continuance of usurpation of office and perpetuation of illegality to the hilt. Adv Shreerang Bhandarkar and Adv Maneesh Shukla appeared for the petitioners. ASGI Ulhas Aurangabadkar (Union), GP Sumant Deopujari (State), Adv Jaimini Kasat (NSSCDCL), Adv Sharad Bhattad (NMC) waived the notice for respondents.