JUDGMENT

PATTANAIK, J. - Leave granted.

2. Though this appeal is directed against the order of the Administrative Tribunal, Bombay dated 24-3-1994, wherein the legality of the government order transferring the appellant from one place to the other within Bombay and the consequential direction to vacate the quarters is under challenge, on going through the materials on record this Court on being satisfied that a straightforward police officer was being harassed by his superior officers at the behest of the proprietor of a hotel and bar issued notice to the Senior Inspectors Shri Tike and Shri Raghuvanshi, as well as to the Deputy Commissioner of Police Shri K. Ramachandran to file their show-cause as to why appropriate strictures should not be made against them. The Court had also issued notice to the State of Maharashtra to indicate why government action of imposing penalty and punishment on the appellant should not be considered to be illegal.

3. The appellants case in a nutshell is that as a Police Inspect he was attached to Kurla Police Station in 1976 and had been allotted quarters in Kurla West in Block No. 2 in the year 1979. Between 1979 to 1990 though the appellant had been transferred to various police stations within Bombay but his residential quarters remained the same in accordance with the government policy for allotment of quarters. In 1990 he was posted at Nehru Nagar Police Station, Kurla East and near the police station lies Hotel Naina. The said hotel and its proprietor Shri Arun Shetty was indulging in several illegal acts in flagrant violation of the rules. Having high connections with senior police officers no action was being taken against the hotel. While the appellant was discharging his official duties as Inspector of Police Nehru Nagar Police Station, Kurla, he received certain complaints against the hotel and raided the hotel premises and had also recommended for cancellation of the licence of the said hotel. The Manager of the hotel then lodged a complaint against the appellant making several false allegations and on the basis of the said complaint the appellant was fined, which of course, ultimately was set aside by the Maharashtra Government on an application being filed by the appellant. To prevent the appellant from discharging his official duties an order was passed by the Senior Inspector of Police Shri Tike that the hotel in question will be checked only by the officers above the rank of Police Inspector. Shri Arun Shetty, the Manager (sic owner) of the hotel again made a complaint against the appellant in July 1993 which complaint was refereed to Lokayukta. The said Lokayukta conducted an ex parte enquiry and after recording the statements of the Senior Inspector of Police and the Assistant Commissioner of Police who were against the appellant, a report was given by the Lokayukta on the basis of which the appellant was transferred from Kurla to Bhoyawala Police Station. The appellant submitted his representation against the aforesaid transfer but it was of no consequence. On 28-12-1993 the Assistant Commissioner of Police asked the appellant to vacate his quarters by 31-12-1993. The appellant apprehending dispossession from the quarters filed an application before the Maharashtra Administrative Tribunal challenging the order on the ground of mala fides. The Tribunal by the impugned order dated 24-3-1994 dismissed the same and thus this appeal by special leave.

4. In the meantime, the appellant had filed an application against the order of the Assistant Commissioner of Police imposing a fine of Rs. 100 and that appeal was disposed of by the State Government by order dated 23-6-1994. In the aforesaid order the appellate authority came to the conclusion that there is substance in the points raised by the applicant that the charge put up against him is with biased and prejudiced mind and in this matter the then Senior Inspector of Police, Nehru Nagar Police Station Shri Tike had played an active