A P KAMBLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard finally by consent.

(2.) The Petitioner/original Respondent No.2 in Original Application No.730/2011 has challenged impugned order dated 20 January 2014, thereby original Applicant/Respondent No.2's Application is allowed and transfer order dated 2.08.2011 of Respondent No.2 is quashed and set aside and as a consequence, order of transfer of Petitioner in his place is also quashed. The directions were issued to implement this order within two weeks from the date of the order.

(3.) There is no dispute with regard to the applicability of The Maharahstra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 (for short, Act of 2005). Both the learned counsel appearing for the parties read and referred the provisions specially Sections 4 and 6 of the Act of 2005 which deals with the tenure of transfer and the Transferring Authority and its power. In the present case, Section 6 (b) is applicable. The Competent Authority is "Minister in charge in consultation with Secretary of the concerned Department". The procedure so prescribed in Section 4 normally cannot be overlooked including not to transfer an employee within a span of three years and so also the transfer be made only once in a year in the month of April or May. There is no issue that employees can be transferred at any time, if case is made out, but subject to certain conditions so prescribed and not otherwise. Section 4(5) provides and empowers the Competent Authority, after recording the reasons in writing and with prior permission of the immediately preceding Competent Transferring Authority to transfer a Government before completion of his tenure of post, but it must be "in a special case".