SOUDAMINI S. CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Maharashtra Administrative Tribunal, Mumbai (hereafter "the Tribunal", for short) by its judgment and order dated January 4, 2019 spurned the petitioner's challenge to an order of transfer. Aggrieved thereby, she has mounted a challenge to the same by presenting this writ petition.

(2.) The petitioner, at the relevant time, was holding the office of Professor and Head of the Department, Obstetrics and Gynaecology at R.A. Podar Ayurved Medical College, Mumbai (hereafter "Podar Medical College", for short). By the impugned order of transfer dated June 21, 2018, she was transferred and posted as Professor, Government Ayurved College, Nanded (hereafter "the Govt. College", for short) to relieve Dr. Surekha J. Devaikar, who was sought to be posted at Podar Medical College on transfer from the Govt. College.

(3.) The order was assailed on two-fold grounds. First, it was issued not in administrative interest but to accommodate Dr. Surekha J. Devaikar at Podar Medical College, and secondly, it was as a measure of penalty. In support of the second ground, the petitioner alleged that a complaint was received by the Dean of Podar Medical College against her and without conducting any enquiry into the veracity of the allegations levelled therein, she was transferred to the Govt. College. According to her, the impugned transfer order was contrary to the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 (hereafter "the Transfer Act ", for short) and, therefore, liable to be set aside.