ANIL MAROTRAO KHOBRAGADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard by consent.

(2.) The petitioner has challenged the order of the Maharashtra Administrative Tribunal, Nagpur dated 23 11 2009 dismissing the original application filed by him against the transfer of his services from the post of Lecturer of Music in the Vasantrao Naik Government College of Arts and Social Sciences at Nagpur, to the Government Science College, Aurangabad on administrative grounds. Respondent No. 4 has been posted in place of the petitioner. The transfer order is dated 8 10 2008, and the petitioner has continued at Nagpur in view of the interim order of the Maharashtra Administrative Tribunal.

(3.) In brief, the petitioner's services have been transferred from the college at Nagpur to the college in Aurangabad and respondent No. 4 who is also Senior Lecturer like the petitioner has been transferred to the College at Nagpur in place of the petitioner. Since the transfer order dated 8 10 2008 was made in the middle of the session, the respondent State sought approval of the competent authority under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 [hereinafter referred to as the Act]. From the note, on which the approval has been granted by the Chief Minister of Maharashtra, the reason for transferring respondent No. 4, is that there were as many as 31 complaints for his alleged misbehaviour with women at the college. All the authorities including the approving authority i.e. the Chief Minister have approved the transfer in view of the reasons stated in the said note. In our view, this amounts to compliance with section 4(4) of the Act, which reads as follow :