SANTOSH MACHHINDRA THITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner by filing this petition under Article 226 of the Constitution of India has taken an exception to the judgment and order dated 7th August 2018 passed by the learned Administrative Member of the Maharashtra Administrative Tribunal on original application filed by the petitioner. With a view to appreciate the legal and factual submissions, a brief reference to the factual aspects will be necessary.

(2.) The petitioner is in the service of the Government of Maharashtra. On 17th November 2015, the State Government transferred the petitioner from the post of the Deputy Collector of Rationing, G- Zone, Mumbai to the post of the Sub-Divisional Officer, Bhiwandi, District Thane. Before completion of normal tenure of three years, the State Government passed an order dated 7th June 2018 by which he was transferred to the post of Deputy Collector (Land Acquisition No.4), Mumbai Suburban District. In fact, by the Government order dated 7th June 2018, transfer of three officers including the present petitioner was made admittedly in purported exercise of powers under sub-section (5) of section 4 of the Maharashtra Goverment Servants Regulation of Transfer and Prevention of Delay in Discharge of Official Duties Act, 2005 (for short "the said Act of 2005"). Under the said order dated 7th June 2018, as stated earlier, the petitioner was transferred from the post of Sub-Divisional Officer, Bhiwandi in District Thane to the post of Deputy Collector (Land Acquisition No.4), Mumbai Suburban District which was the post occupied by one Smt. Archana Kadam (the third respondent herein). The second respondent - Mohan Naladkar who was holding the post of Sub-Divisional Officer, Wada, District Palghar was transferred to the post of Sub-Divisional Officer, Bhiwandi, District Thane held earlier by the petitioner. The third respondent was posted as Sub-Divisional Officer, Wada District, Palghar which was the post earlier held by the second respondent. The challenge in the Original Application No.515 of 2018 filed by the petitioner before the Maharashtra Administrative Tribunal (for short "the said Tribunal") was to the said order of transfer dated 7th June 2018.

(3.) The first respondent - State Government filed a reply of Shri Santosh Vitthal Gawade. The stand taken by the State Government is set out in paragraphs 3 to 6. The said paragraphs 3 to 6 read thus :-