DEVDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of respective Advocates, the matter is taken up for hearing. Respective advocates waive service.

(2.) The petitioner has impugned the order dated 27-9-2005 passed by maharashtra Administrative Tribunal in Original Application No. 794/2005 rejecting challenge to the order of petitioner's transfer from Nardana to Dhule

(3.) Briefly stated the relevant facts are that the petitioner was transferred from Nasik to Nardana as Deputy Engineer, at his own request, and is serving at nardana since 30-6-2003. The petitioner was not due for transfer and, therefore, he was not disturbed in the general transfers of May, 2005. However, for accommodating the respondent No. 6 who brought political influence to bear on respondents 2 and 3, the petitioner was transferred to Dhule as Assistant superintending Engineer, PW Circle, Dhule, in the midst of the term, by an order dated 16-8-2005. In fact, in view of the Circulars dated 27-11-1997; 7-2-1998 and 16-2-2005, the petitioner had not completed his normal tenure of three years at Nardana and, therefore, should not have been transferred. The Officers of the rank of Deputy Engineer can be transferred by respondent No. 2. However by making reference to the general transfers of May, 2005, respondent No. 3 issued two separate orders - one for posting respondent No. 6 at Nardana and other for transferring petitioner as Assistant Superintending Engineer, Dhule PW Circle, dhule. In fact, respondent No. 3 does not have an authority to issue orders of transfer of the persons from the cadre of Deputy Engineer. Respondent No. 6 was first transferred from Chalisgaon to Amalner by order dated 8-7-2005. This order was modified by order dated 22-7-2005 posting respondent No. 6 at Dhule and finally by order dated 16-8-2005 respondent No. 6 was posted at Nardana, shifting the petitioner to PW Circle, Dhule. These orders are passed on account of the political influence of MLA Shri D. V. Patil. Thus, the transfer of the petitioner is made for the sole purpose of accommodating the respondent No. 6. Therefore, being aggrieved by this order of transfer, the petitioner approached the maharashtra Administrative Tribunal (for short "the Tribunal") by filing Original application No. 794/2005.