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2019 Supreme(Bom) 302

A.S.OKA, SANDEEP K.SHINDE
Santosh Machhindra Thite – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Uday P. Warunjikar, Bhushan Arvind Bandiwadekar, Gaurav Arvind Bandiwadekar, A.B. Vagyani, P.G. Sawant, R.S. Apte, Leena Patil, S.G. Deshmukh, Nazia S.A. Shaikh.

JUDGMENT :

A.S. Oka, J.

1. The petitioner by filing this petition under Article 226 of the Constitution of India has taken an exception to the judgment and order dated 7th August 2018 passed by the learned Administrative Member of the Maharashtra Administrative Tribunal on original application filed by the petitioner. With a view to appreciate the legal and factual submissions, a brief reference to the factual aspects will be necessary.

2. The petitioner is in the service of the Government of Maharashtra. On 17th November 2015, the State Government transferred the petitioner from the post of the Deputy Collector of Rationing, G-Zone, Mumbai to the post of the Sub-Divisional Officer, Bhiwandi, District Thane. Before completion of normal tenure of three years, the State Government passed an order dated 7th June 2018 by which he was transferred to the post of Deputy Collector (Land Acquisition No. 4), Mumbai Suburban District. In fact, by the Government order dated 7th June 2018, transfer of three officers including the present petitioner was made admittedly in purported exercise of powers under sub-section (5) of section 4 of the Maharashtra Goverment Servants Regulation of Transfer and





















































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