SANJEEV BHAGWANRAO KOKIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition, under Article 226 of the Constitution of India, takes exception to the judgment and order passed by the Maharashtra Administrative Tribunal dated 4.5.2012 in Original Application No. 174 of 2011. The Tribunal rejected the Original Application preferred by the petitioner challenging the letter dated 7.2.2011 issued by Respondent No. 2 and consequential order of Respondent No. 1 published on 5.4.2011. The factual matrix as reproduced by the Tribunal in the impugned judgment is not disputed. The same reads thus:

(2.) The Tribunal rejected the argument of the petitioner that the impugned communications cum order were in the nature of transfer order.

(3.) The petitioner, has challenged the said decision of the Tribunal and in effect, the impugned transfer order transferring him from M. R. A. Marg Police Station to Armed Police, L-Division, Mumbai. According to the petitioner, he was last transferred on 22.5.2009 within Mumbai from one post to another. Further, by virtue of section 3 of the Act of 2005, being tenure transfer, the petitioner could not have been transferred before expiry of 3 years therefrom. However, the petitioner was transferred vide order dated 26.1.2011 issued under the signature of Dr. Chering Dorje, DCP, Zone I, Mumbai, Exhibit K from M. R. A. Marg Police Station to Amravati City for administrative reasons.