DEVENDRA RAMCHANDRA PANDIT Vs. DIRECTOR OF EDUCATION

JUDGEMENT

(1.) : - Rule returnable forthwith.

(2.) THIS petition is filed challenging the order of transfer of the petitioner from Nanded to Ratnagiri. Petitioner has contended that in a period of about two years, he is transferred four times from different places. In May 1985, Petitioner was transferred from Aurangabad to buldhana. Immediately within one and half months, Petitioner was transferred from Buldhana to Solapur and in September, 1985, he was transferred from solapur to Beed. In November, 1986, again Petitioner was transferred from Beed to Nanded and in December, 1987, Petitioner is transferred from Nanded to Ratnagiri. Petitioner challenges the, order of transfer dated 3-12-1987 on the ground that he is frequently transferred without there being any administrative convenience or exigencies.

(3.) THE affidavit-in-reply is filed by the Administrative Officer from the Director of Education, Maharashtra State, Pune. No reasons whatsoever are given in the affidavit as to why the Petitioner is transferred so frequently. The only ground mentioned in the affidavit is that the transfer is for administrative convenience and exigencies prevailing. But the affidavit is eloquently silent as to what were the exigencies then prevailing. It only indicates that the grounds are mentioned just to support the transfer of the Petitioner, without there being real exigencies. If there were any exigencies, ,the authorities would not have failed to mention it in the affidavit. Though this Court does not interfere usually in the orders of transfers, the present case is one where great inconvenience is caused to the Petitioner and we feel that the transfer of the Petitioner from Nanded to Ratnagiri is by way of harassment. No other ground is coming forward as to why the Petitioner is required to be transferred from place to place in a short span of couple of months, rule made absolute with costs as against Respondent Nos. 1 and 2.