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2009 Supreme(Bom) 1410

P.V.HARDAS, A.V.POTDAR
Shriprakash Maruti Waghmare – Appellant
Versus
State of Maharashtra, Through its Secretary, Home Department – Respondent


Advocates appeared:
For the Petitioner:S.B. Talekar, Advocate. For the Respondents: R1 & R2, N.B. Khandare, learned Government Pleader, R3, V.J. Dixit, learned Senior Counsel, with V.D. Gunale, learned counsel.

Judgment :-

A.V. Potdar, J.

1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission.

2. By the present writ petition under Article 226 of The Constitution of India, the petitioner has questioned the legality of the judgment and order dated 24/08/2009 passed by The Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad in original application no.674/2009 by which the application filed by the petitioner challenging the transfer order dated 27/07/2009 was dismissed.

3. At the outset, the facts which gave rise to file the present writ petition can be summarized as The petitioner is in the services of Maharashtra Police Services as a Deputy Commissioner of Police and was working in the Aurangabad city. According to the petitioner, he was transferred to the post of Deputy Commissioner of Police, Aurangabad City from the post of Superintendent of Police, Highway Safety, Mumbai on 03/07/2007. Due to this transfer, the headquarter of the petitioner was at Aurangabad. It is stated that the 3rd respondent who was also holding the post of Deputy Superintendent of Police came to be transferr
























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