JUDGMENT - THAKKER C.K., C.J.:---Rule. Mr. C.J. Sawant appears and waivs service of rule on behalf of respondent No. 1 in all writ petitions. Mr. P. Janardhanan, Additional Advocate General, appears and waives service of rule on behalf of respondent Nos. 2 to 4 in Writ Petition No. 3473 of 2002 and respondent Nos. 3 to 5 in Writ Petition No. 3474 of 2002. Mr. K.K. Singhvi appears and waivs service of rule on behalf of respondent No. 2 in Writ Petition Nos. 3474 of 2002 and 3501 of 2002. We have taken up all the matters for final hearing with the consent of all parties.

2. All these three petitions are filed against an order passed by the Maharashtra Administrative Tribunal, Mumbai Bench, on 18th June, 2002 in Original Application No. 453 of 2002. By the said order, the Tribunal was pleased to quash and set aside an order of transfer passed against Jaising Shivaji Patil, respondent No. 1 in the present group of petitions.

3. To appreciate the controversy raised in the petitions, few relevant facts may now be stated.

4. Respondent No. 1, Jaising Shivaji Patil (petitioner of original application No. 453 of 2002; and will be referred to as such) was serving as Assistant Commissioner of Police (Crime) in Navi Mumbai. He entered Government service as a directly recruited Police Sub-Inspector through Maharashtra Public Service Commission in the year 1969. He was promoted as a Police Inspector in 1986 and was further promoted as an Assistant Commissioner of Police on 13th August, 2001. He was posted to the newly upgraded post of Assistant Commissioner of Police (Crime) at Navi Mumbai. It appears that on April 20, 2002 the Home Department of the Government of Maharashtra instructed the Director General of Police (M.S.) Mumbai, to transfer the petitioner from Navi Mumbai to Mumbai City on administrative grounds. On the basis of the said direction, D.G.P., Mumbai, passed a transfer Order No. 77/2002 on April 29, 2002 transferring the petitioner from Navi Mumbai to Mumbai. Pursuant to the above orders, the Commissioner of Police, Navi Mumbai, passed an order on 4th May, 2002 relieving the petitioner from the post of Assistant Commissioner of Police (Crime), Navi Mumbai since he was transferred to Mumbai. Respondent No. 1, Sahebrao, D. Labde (petitioner of first petition, Writ Petition No. 3473 of 2002), was transferred as Assistant Commissioner of Police (Crime) Navi Mumbai vice the petitioner. He was directed to take charge of the transferred post immediately.

5. Being aggrieved by the above order of transfer, the petitioner approached Maharashtra Administrative Tribunal by filing O.A. No. 453 of 2002.

6. It was, inter alia, contended by the petitioner that the order of transfer was illegal, unlawful and contrary to law. It was also bad in law as it was not in consonance with the Government Resolutions issued from time to time. The petitioner had not completed three years. On the promotional post, he had not completed even one year and hence he could not have been transferred. The action was taken without there being any administrative reason and/or ground. Nothing has been mentioned in the order of transfer as to why he was sought to be transferred even though he was not due for such transfer. Mr. Labde had also completed several years and yet he was accommodated at the same place. The action was mala fide and had been taken in colourable exercise of power as the petitioner did not oblige any person out of way and was exercising his powers and discharging his duties strictly in accordance with law. Undesirable political elements and criminals, therefore, were against the petitioner and under the political influence, an action was taken by the authorities. It was also clear from the fact that though he was transferred from Navi Mumbai to Mumbai, no posting was made and the petitioner was not asked as to where he had to report for duty. The petitioners honesty and integrity was above board and his service career was outstanding. There was

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