A P KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Counsel for the parties. Rule. Mr. Gokhale, learned AGP, waives service for Respondent No. 1 and Mr. Kumbhakoni waives service for Respondent No. 2. By consent, Rule is made returnable forthwith and heard finally.

(2.) This Petition takes exception to the decision of the Maharashtra Administrative Tribunal, in Original Application No. 730 of 2012, dated 2nd August, 2012. By that order, the Tribunal allowed the Original Application filed by Respondent No. 2 challenging the transfer order passed against him, dated 2nd August, 2011. The Tribunal has recorded the following reasons in support of its decision, which reads thus:-

(3.) The petitioner has assailed the aforesaid view taken by the Tribunal, on the argument that the same is not in consonance with the provisions of the Maharashtra Government Servant Regulations and Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. The provisions in the Act enables the Competent Transferring Authority in special cases, after recording reasons in writing and with the prior approval of the immediately superior Transferring Authority mentioned in Table of Section 6, to transfer the Government servant, even before completion of the tenure of his post. The Competent Authority, in the present case, having exercised those enabling powers under the provisions of the Act, it was not open to the Tribunal to sit over the subjective satisfaction of the Authority in that behalf. In substance, the argument proceeds that the opinion recorded by the Tribunal that the impugned transfer order was vitiated because the chart was prepared in the office of the Minister and the names of the petitioner and Respondent No. 2 were not mentioned in the proposal to transfer by the Social Justice Department, would be of no avail and cannot whittle down the powers of the Competent Transferring Authority, if the Authority were to follow the formalities specified in Section 4(5) read with Section 6 of the Act.