YOGESH PRATAP SINGH Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) WE have heard the petitioner in person and all the learned Counsel appearing for the respondents.

(2.) THE petitioner belongs to the Indian Police Service (I. P. S. ). He challenges the order passed by the Central Administrative Tribunal (for short - Tribunal) Mumbai Bench, Mumbai on 26th May, 1997 (Exh. A page 82) dismissing his Original Application (O. A.) which was filed against the order of his transfer, dated 1st April, 1997 (Ex. B page 93) which was issued by the State Government transferring him from the post of Asstt. Inspector General of Police (Administration), Maharashtra State Mumbai to Nagpur as the Commandant of the State Reserve Police Force. The principal challenge that was raised before the Tribunal was on the ground of mala fides as also on the ground of violation of guidelines contained in Chapter I - para 30 of the Bombay Police Manual, Vol. I viz. that the proposal for his transfer ought to have been initiated by the Director General of Police and by none else. These are also the two principal contentions which Shri Singh has urged before us while assailing both the orders; that of the tribunal as also the order of his transfer.

(3.) DETAILED affidavits have been filed by the concerned respondents since there are allegations of mala fides against the fourth respondent Shri Gopinath Munde, the Deputy Chief Minister, who is also the Home Minister and the fifth respondent Shri Dinesh Afzalpurkar, who is the Chief Secretary, Government of Maharashtra. On behalf of the State Government, Smt. Anjali Sakhalkar, the Joint Secretary in the Home Department has filed a detailed affidavit. Smt. Sakhalakars affidavit gives the details of all the postings of the petitioner ever since he joined the I. P. S. on 23rd December, 1985. Initially, he was posted as Asstt. Superintendent of Police, Rural Division, Akola where he worked from 20th November, 1987 to 30th July, 1988. He then worked as Asstt. Superintendent of Police (City) Akola from 1st August, 1988 to 10th December, 1989. Thereafter he worked as Superintendent of Police, Wardha from 12th January, 1990 to 13th June, 1991; as Joint Commissioner (Vigilance), Food and Drugs Administration, Maharashtra State from 16th August, 1991 to 1st February, 1993; as Superintendent of Police C. B. I. Anti-corruption, Mumbai, from 2nd February, 1993 to 23rd May, 1996 and then as Asstt. Inspector General Police, Maharashtra State, Mumbai in the office of the Director General of Police where he worked in two capacities, viz. (a) Asstt. Inspector General of Police (Establishment) from 27th May, 1996 to 11th July 1996 and (b) Asstt. Inspector General of Police (Administration) from 12th July, 1996 to 2nd April, 1997.