STATE OF MAHARASHTRA Vs. DR.ASHOK RAMCHANDRA ANAND

JUDGEMENT

(1.) The State of Maharashtra, Dr. T.P. Lahane, Director, Medical Education & Research (hereafter "the Director ", for short) and Grant Government Medical College and Sir J.J. Group of Hospitals (hereafter "the GGMC ", for short) have invoked the writ jurisdiction of this Court by presenting this application under Article 226 of the Constitution of India (hereafter "the writ petition ", for short) in their attempt to have a judgment and order dated January 9, 2021 passed by the Maharashtra Administrative Tribunal, Mumbai (hereafter "the Tribunal ", for short) set aside. By the said judgment and order, the Tribunal allowed Original Application No.507 of 2020 presented before it by the sole respondent in this writ petition (hereafter "Dr. Anand ", for short). An order dated August 5, 2020 bearing no.DMER/Covid-19/Deputation/ 558/2020 passed by the Director, invoking the Epidemic Disease Act, 1897 (hereafter "the ED Act ", for short) read with the Maharashtra COVID-19 Regulations, 2020 (hereafter "the Regulations ", for short) and assigning Dr. Anand on deputation at Swami Ramanand Teerth Rural Government Medical College, Ambejogai (hereafter "SRTR Medical College ", for short) was the order under challenge before the Tribunal. At the time of issuance of such order, Dr. Anand was discharging duties as Professor and Head of the Department of Gynaecology and Obstetrics of GGMC.

(2.) The grounds on which Dr. Anand challenged the order dated August 5, 2020 were: (i) the Director, in his capacity as a Nodal Officer and Empowered Officer under the ED Act, transgressed his jurisdiction inasmuch as the ED Act does not confer any power on him to pass an order for assignment on deputation; (ii) although the order dated August 5, 2020 was framed in a manner as if it assigned Dr. Anand to SRTR Medical College on deputation, for all intents and purposes, the same was an order of transfer and such order of transfer was passed in clear breach of 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); (iii) Dr. Anand being an officer of the State services in Group 'A ', his transfer could not have been directed by anyone else other than the Chief Minister; and (iv) the order of deputation/transfer is punitive in the sense that an Inquiry Committee had been constituted to look into certain complaints against Dr. Anand while he was on duty at GGMC and the findings of the Inquiry Committee formed the foundation for the impugned order without Dr. Anand being offered an opportunity to place his version against the allegations before the Inquiry Committee in compliance with principles of natural justice.

(3.) The Tribunal accepted the contentions advanced on behalf of Dr. Anand by Ms. Sonal, learned advocate and overruled the opposition raised by the respondents in the original application by their Presenting Officer and consequently, while allowing the original application quashed the order dated August 5, 2020 and directed the respondents to "repost Dr. Anand within a week ".