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1997 Supreme(SC) 938

K.RAMASWAMY, D.P.WADHWA
Arvind Dattatraya Dhande – Appellant
Versus
State Of Maharashtra – Respondent


Order

Leave granted.

We have heard learned counsel on both sides.

2. It is most unfortunate that the Government demoralises the officers who discharge the duties honestly and diligently and brings to book the persons indulging in black marketing and contrabanding the liquor. This is one of the eloquent case where such a sorry state of affairs has come to light.

3. This appeal by special leave arises from the order of the Maharash­tra Administrative Tribunal, Aurangabad Bench, made on December 6, 1996 in O.A. No. 925 of 1995 upholding the order of transfer of the appellant. We directed the learned counsel appearing for the State to produce the record and the material which is made the basis for trans­fer of the appellant. The sequence to be mentioned hereunder stands testimony to the facts. The transfer is nothing but mala fide and arbitrary action at the behest of the persons interested to target the honest officers who efficiently discharge the duties.

4. On December 28, 1994, the appellant conducted a raid on Mr. Rathod at Dharayan Tal. Erandol Amalner Tal, Amalner. Sample was taken from the toddy for analysis on the seven date; consequently, offences were registered on December 29, 1




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