STATE OF MAHARASHTRA Vs. PADMASHRI SHRIRAM BAINADE

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of parties.

(2.) The Petitioners (The State) have challenged Judgment dated 13 October 2014 passed by Maharashtra Administrative Tribunal, Mumbai (Tribunal) in Original Application No.839 of 2014, by which a midterm transfer order dated 30 August 2014 issued by the State has been set aside.

(3.) The basic events of the case are as under:On 16 august 2014, a letter proposing Respondent No.1's (the employee) transfer was submitted to the Principal Secretary, Housing Department. On 19 August 2014, the Under Secretary, Housing Department submitted a note proposing transfer of Respondent No.1. On 19 August 2014, the Deputy Secretary, Housing Department approved the note. On 20 August 2014, the file reached the office of the Hon'ble Chief Minister and on the same date, it was approved. On 21 August 2014, the file came back to the Principal Secretary, Housing Department. On 22 August 2014, the Principal Secretary, Housing Department sent Office Note to the Deputy Secretary, Revenue and Forest Department informing the decision to transfer and requested for action. On 30 August 2014, the transfer order was issued. An independent note was moved by the Deputy Secretary, Revenue Department seeking modification/cancellation of the transfer order in view of letter of request received from the Chief Election Commissioner. The suggestion contained in the note was declined.