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2012 Supreme(Bom) 1927

V.K.TAHILRAMANI, A.M.KHANWILKAR
Sanjeev Bhagwanrao Kokil – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner:A.V. Anturkar i/b Sugandh B. Deshmukh, Advocates.
For the Respondents: R1 & R2, P.M. Palshikar, A.G.P., R3, Present in person.

Judgment

A.M. Khanwilkar, J.

1. This Writ Petition, under Article 226 of the Constitution of India, takes exception to the judgment and order passed by the Maharashtra Administrative Tribunal dated 4.5.2012 in Original Application No.174 of 2011. The Tribunal rejected the Original Application preferred by the petitioner challenging the letter dated 7.2.2011 issued by Respondent No.2 and consequential order of Respondent No.1 published on 5.4.2011. The factual matrix as reproduced by the Tribunal in the impugned judgment is not disputed. The same reads thus:

“2. The Applicant was posted as a Senior Police Inspector at M.R.A. Marg Police Station, Mumbai. By a letter dated 24th January, 2011, Respondent No.2 conveyed to Respondent No.1 the approval of the State Government to a proposal to transfer the Applicant for posting in Amravati City and to replace him at M.R.A. Marg Police Station, Mumbai by Respondent No.3. Accordingly, Respondent No.1 published an order in the Police Notice dated 25th January, 2011 giving effect to the decision of Respondent No.2 as conveyed by its aforesaid letter. However, Respondent No.2 wrote a letter to Respondent No.1 on 7th February, 2011 stating that



















































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