ARUN DAMODAR VEER Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition calls in question the transfer order dated 28-8-1998 and it arises in the following circumstances.

(2.) THE petitioner is an Executive Engineer in the Public works Department of the State of Maharashtra and while he was working in the same capacity at Beed, which is a district Hqrs. , has been transferred to Aurangabad on the same post and the respondent Nos. 3 Mr. B. M. Mugal has been transferred in place of the petitioner. The petitioner has submitted a representation to the competent authority on 3-9-1998 and the same was rejected. The petitioner, therefore, challenged the impugned transfer order in OA No. 224/1998 before the Maharashtra Administrative Tribunal Bench at aurangabad.

(3.) IN support of his challenge to the impugned transfer order, it was contended by the petitioner that the transfer was effected under malice and the respondent No. 4, who is an elected Member of the Legislative Assembly from Georai, dist. Beed, was instrumental in the said transfer. The transfer was a mid term transfer and the petitioner had hardly spent about 14 months at Beed and thereby, the government s policy decision regarding transfer to be effected normally after three years has been violated. The transfer was made in colourable exercise of powers for extraneous and ulterior motives and it being an arbitrary exercise of power was violative of Article 14 of the constitution of India. The petitioner also stated that the impugned transfer order had adversely affected the educational career of his children and would disturb the family life. The transfer order was neither in public interest nor for the administrative exigencies, urged the petitioner.