HARISHCHANDRA MAHADEO PARAB Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE short question that arises for determination in this petition is whether the petitioner, who is a Member of the maharashtra State Co-operative Appellate Court, can be transferred by the State Government from Bombay to Nagpur as has been done in the present case.

(2.) BY an order dated 1st July, 1977 the petitioner was appointed as a judge of the Co-operative Court. On 12th May, 1987 he was promoted and apponined as Member of the Maharashtra State Co-operative Appellate court at Bombay. On the 7th April, 1988 four other persons were similarly appointed as Members of the Co-operative Appellate Court and by order dated 15th April, 1988 of the President the Respondent No. 2, they were posted at Benches in Bombay, Nagpur, Pune and Aurangabad. By the impugned order dated 7th June, 1988 the petitioner was transferred from Bombay to Nagpur and this transfer order is challenged in this petition

(3.) ON 20th June, 1988 this petition was summarily rejected by my learned brother Justice Kurdukar. The petitioner preferred Appeal No. 800 of 1988 wherein by order dated 28th June, 1988 the learned Chief justice and Justice Bharucha allowed the appeal, issued Rule and directed stay of the order of transfer, after recording an undertaking of the petitioner to temporarily preside over in a Bench of the Maharashtra state Cooperative Appellate Court either at Nagpur, Pune or Aurangabad as may be directed by the Respondent No. 2, the President of the maharashtra State Co-operative Appellate Court. On 11th July, 1988 the Respondent No 2 issued a circular directing the petitioner to preside over the Bench of the Appellate Court at Nagpur until further orders. The petitioner complied with the said directions as per his undertaking but took out Notice of Motion No. 2034 of 1988 in Appeal No. 800 of 1988 for discharging him from the undertaking or fixing the period of temporarily posting at Nagpur. On 8th August, 1988 the said Notice of motion was directed to be heard along with the present petition. On 18th august, 1988 the petitioner took out Chamber Summons No. 766 of 1988 in the present petition for amendment of the petition so as to introduce a challenge to the power of the Respondent No 2 to transfer a Member of. the Co-operative Appellate Court. By an ordar dated 6th September, 1988 my learned brother Justice Daud directed this Chamber Summons to be heard along with the main petition.