SHESHRAO NAGORAO UMAP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner Dr. Sheshrao Nagorao Umap was a Medical Officer in the Municipal Dispensary, Bhusawal, District Jalgaon. He was posted in the said post vide order dated 19th June, 1981. Accordingly he took charge of the post of Medical Officer at Bhusawal on 1st of July, 1981 and since then has been working in the said post. However, he came to be abruptly transferred as Medical Officer Cottage Hospital, Parola District Jalgaon vide order dated 30th of April, 1983. It appears that this order was issued to accommodate the respondent No. 4, Dr. R.P. Patil who was transferred to Dhule and had never assumed charge of the said office at any time but proceeded on leave for last about one and half year. It then appears from record that the Administrator of the Municipal Council, Bhusawal made a representation to the Government that the petitioner should not be transferred to Parola since he has done exemplary work during his tenure. It was also pointed out that the respondent No. 4 Dr. Patil was a permanent resident of Bhusawal and had also opened a private Nursing Home in the name and style of Shiv Surgical Nursing Home at Bhusawal itself. The Administrator had also pointed out that a vacancy of Medical Officer in the Urban Family Welfare Centre of the Municipal Council, Bhusawal, was lying vacant and a suitable Medical Officer from the Government cadre may be deputed to the said post. The petitioner himself had also made a representation for cancellation to his transfer. In his representation the petitioner had also contended that his mid-term transfer is likely to adversely affect the academic career of his daughter. In view of these representations and the recommendations of the Deputy Director of Health Services, Nasik Circle, the earlier order of transfer came to be cancelled, vide order 28-6-1983. It then appears that after this order of cancellation the respondent No. 4 who according to the petitioner is politically influential person, engineered to get fresh order of transfer issued on 23rd of September, 1893 by which the petitioner was again transferred as Medical Officer, Cottage Hospital, Parola and the respondent No. 4 was appointed as Medical Officer, Municipal Dispensary at Bhusawal, in place of the petitioner. It is this order of transfer which is challenged in this writ petition by the petitioner on various grounds. It is also contended by the petitioner that he is being transferred contrary to Government policy, with a view to accommodate the respondent No. 4, Dr. Patil because of the political influence he wields.

(2.) No return has been filed on behalf of any of the respondents denying the allegations made in the petition, therefore, in law they are deemed to be admitted.

(3.) Shri Atre the learned Counsel appearing for the petitioner contended before us that the order of transfer issued on 23rd of September, 1983 was not only mala fide but was issued in colourable exercise of power and, therefore, was wholly illegal. In our opinion there is much substance in this contention of Shri Atre.