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1999 Supreme(Bom) 293

Y.K.SABHARWAL, S.RADHAKRISHNAN
Sunanda Das and others – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - Y.K. SABHARWAL, C.J.:--- Rule, returned forthwith.

2.Some members of legal fraternity, some residents of Pune including some retired I.A.S. officers, one Corporator of Pune Municipal Corporation and a Citizens' forum have filed these petitions in public interest. The prayer in all the petitions is similar. It is to quash the Transfer Order dated 13th March, 1999, in respect of Arun Bhatia from the Post of Municipal Commissioner, Pune. The transfer order was made barely 6 days after Bhatia had been appointed to the said post. According to the petitioners, transfer of Bhatia is arbitrary, capricious and manifestly against public interest. It has been pointed out in the petitions that the City of Pune is in the need of precisely such stringent action as has been taken by Bhatia to prevent encroachments and rampant unauthorised developments, which had hitherto been largely ignored, resulting in widespread damage to the city and prejudice to the residents and citizens. The claim of the petitioners is that the transfer of an effective, honest and conscientious officers, if allowed, will lead to a resurgence of illegality and will strengthen the influence of violators of law. Be














































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