ADDITIONAL CHIEF SECRETARY Vs. SHAMSHEEKHAN VAZIRKHAN PATHAN

JUDGEMENT

(1.) HEARD Mr. Gursahani for petitioners and Mr. Pathan, Respondent in person.

(2.) THIS Writ Petition is filed by the State of Maharashtra to challenge the common Judgment and Order passed by the Maharashtra Administrative Tribunal, Mumbai, on 12th August, 1999 on the Original Application filed by the Respondent and some others. The respondent in this matter was working as Police Inspector. The Respondent was sought to be transferred outside Mumbai by order dated 6th/7th April, 1999. The said order was challenged in the Original application filed before the Tribunal and the Tribunal by its above referred Judgment came to the conclusion that the transfers were mala fide and, therefore, set aside those orders.

(3.) MR . Gursahani, learned Senior Counsel appearing for the Petitioners, took us through the order passed by the Tribunal and submitted that in matters of transfer the judicial or quasi - judicial authorities do not easily interfere unless a case of malafide is clearly established on record or it is a case of violation of rules, Mr. Gursahani drew our attention to the order of transfer which stated that the officer was transferred on administrative reasons. He has pointed out that in the record of the Petitioners, there were certain serious allegations against him and that led to their transfer. Mr. Gursahani also pointed out to us that a file containing the relevant material was placed before the learned Member of the Administrative Tribunal and in fact, in para 10 of the impugned order the learned Member observed that there is a reference to the Commissioner of Police, Mumbai, writing a confidential letter to the Director General of Police in which the Commissioner has stated that he had made necessary inquiries and that the himself was satisfied to come the conclusion that the persons concerned were having nexus with the underworld. The file containing the relevant papers was brought to the notice of the earlier Division Bench when the matter was admitted and was shown to us also.