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RAVINDRA V. GHUGE, S. G. MEHARE
Kishor S/o. Malayya Sandry – Appellant
Versus
State of Maharashtra, Through its Chief Secretary, Water Supply Department Mantralaya – Respondent
JUDGMENT :
Ravindra V. Ghuge, J.
1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.
2. The petitioner has put-forth prayer clauses (B), (C) and (D) as under-
(C) Pending hearing and final disposal of this writ petition, execution, operation and implementation the impugned order passed by Chief Administrative officer Maharashtra Jeevan Pradhikaran on dated 27.8.2021 may kindly be stayed and the petitioner may be permitted to resume his duties as Deputy Engineer Rural Water Supply Sub-division Kinwat District Nanded and for that purpose issue necessary directions.
(D) Pending hearing and final disposal of this writ petition, the respondent no.2 and 4 may kindly be directed to consider the application/representation submitted by the petitioner on dated 26.8.2021 within 7 days or stipulated time.”
3. On 16.9.2021, when we had issued notice in this matter, a statement was made before us by the learned Advocate for the Zilla Parishad that the petitioner is
The transfer of an employee is within the prerogative power of the employer, who can withdraw, alter or modify any previous order of transfer. The court will not interfere under Article 226 of the Co....
Courts cannot interfere with transfer orders unless shown to be an outcome of malafide exercise or in violation of statutory provisions prohibiting such transfer.
Burden of proving mala fides in transfer orders is high; transfers made in public interest are generally not subject to judicial intervention unless proven arbitrary.
The transfer was not punitive, and the transfer policy did not confer a legally enforceable right.
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
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