VARSHA MAHESH GHUGHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner approaches this Court under Article 226 of the Constitution of India, challenging the order dtd. 13/1/2023 passed by the Maharashtra Administrative Tribunal in Original Application No. 1161 of 2022, by which mid-term and mid-tenure transfer order dtd. 28/12/2022 issued by respondent no. 1 ' State of Maharashtra through its Addl. Chief Secretary has been confirmed.

(2.) The petitioner contends that she entered in the service of the Government of Maharashtra in its Public Works Department as an Assistant Engineer. Thereafter, she was promoted to the post of Executive Engineer and as such, posted at Public Works Department, Dhule, since 7/8/2020. Before the petitioner could complete her normal tenure of three years, as per provisions of Sec. 3(1) and 4(1) of the Transfers Act, by order dtd. 28/12/2022, she has been transferred to the post of Executive Engineer under the establishment of Dhule Municipal Corporation by way of mid-term and mid-tenure transfer. The petitioner challenged the said order before the Maharashtra Administrative Tribunal, bench at Aurangabad, by filing Original Application No. 1161 of 2022, however, it came to be dismissed.

(3.) Ms Preeti R. Wankhede, learned advocate for the petitioner, would submit that impugned transfer order is unjust, arbitrary and mala fide. She would submit that the petitioner was not due for her transfer and could not have been transferred in violation of the provisions of Sec. 3(1) and 4(1) of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 [hereinafter referred to as 'Transfers Act"]. She would submit that the respondent nos. 1 to 3 failed to adhere to the principles of natural justice while effecting the transfer. She would further urge that the object of her transfer was only to accommodate the respondent no. 4 who exerted political influence to secure the choice posting at PWD Dhule. As such, she alleges that the impugned action is tainted with mala fides.