Bombay High Court
Mr. Datta Shrirang Mane vs State Of Maharashtra, Through Chief ... on 4 February, 2020
Author: R.I. Chagla
Bench: S.C. Dharmadhikari, R.I. Chagla
03.ASPIL184.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 184 OF 2014
Mr. Datta Shrirang Mane ... Petitioner
Vs
1 State of Maharashtra & Ors. ... Respondents
Mr. Datta Shrirang Mane - the Petitioner present in person.
Mr. P.P. Kakade, Govt. Pleader, with Mr. B.V. Samant, AGP, for the
Respondent - State.
CORAM : S.C. DHARMADHIKARI &
R.I. CHAGLA, JJ.
TUESDAY, 04TH FEBRUARY, 2020 P.C. :
1 Let Mr. Kakade, learned Government Pleader, take instructions from the Secretary, Department of Transport, Government of Maharashtra and the General Manager of the Maharashtra State Road Transport Corporation ("MSRTC" for short) as to whether the Department and the Corporation have resolved the pending issues with other functionaries of the State.
The argument is that the Departments of the State of Maharashtra, particularly, respondent Nos.2 to 9 to this petition SRP 1/3 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:15 :::
03.ASPIL184.14.doc have yet not released the amounts by way of reimbursement in favour of the respondent No.10 - MSRTC. A substantial amount is due and payable by these Departments of the State. The benevolent and welfare schemes which are implemented by the respondent No.10 result in the respondent No.10 suffering operational losses year after year. Further, they do not have adequate funds so as to upgrade and improve the services. If the services have to be efficient, smooth and expeditious, then, the respondent No.10 is aware that it will have to compete with private bus operators. The private bus operators have managed to virtually take over routes where the buses of respondent No.10 are plying in the State. Being a Public Sector and Statutory Corporation does not mean that it must continue to incur losses, according to the petitioner.
2 We would like the Secretary of the Transport Department to take up this issue with the other functionaries of the Government and resolve it as expeditiously as possible. Let all Secretaries in the concerned Departments cooperate with the Department of Transport in resolving the issue amicably. SRP 2/3 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:15 :::
03.ASPIL184.14.doc 3 In the event the resolution is not possible or not attempted, this Court will take a serious view of the proceedings and may then call upon the functionaries to explain as to why the MSRTC is not allowed to function independently and serve the interest of the public. The MSRTC is not expected to incur losses or indulge in litigation for it is an Enterprise or Undertaking of the State. It is not expected to then launch proceedings, civil and criminal, against the other Departments of the Government. This unfortunate scenario has to be avoided and the continued losses of this Corporation have to be brought down with sincere and genuine efforts.
4 With this hope and expectation, we place this matter on 4th March, 2020 on the Supplementary Board. An action- taken report shall be placed on record, latest by 28 th February, 2020.
R.I. CHAGLA, J. S.C. DHARMADHIKARI, J. SRP 3/3 ::: Uploaded on - 05/02/2020 ::: Downloaded on - 06/02/2020 01:25:15 :::