JUDGMENT :

(Sandeep V. Marne, J.) :

1. Rule. Rule made returnable forthwith. By consent of the parties, taken up for final hearing.

2. Judgment and order dated 29th March, 2019 passed by Maharashtra Administrative Tribunal (Tribunal) in Original Application No. 1038 of 2018 is the subject matter of challenge in the present petition. In that Original Application, Sanjay Dinkarrao Mankar (Respondent no.1 in Writ Petition No. 6957 of 2019) had challenged order dated 20 November, 2018 by which his posting on promotion to the post of Joint Director-Boilers was changed from Nagpur to Solapur. By the order impugned in the present petition, the Tribunal has allowed the Original Application of Sanjay Dinkarrao Mankar, setting aside the order dated 20th November, 2018 and has directed to restore his posting at Nagpur as per earlier order dated 29th September, 2018. The Tribunal has made certain adverse observations against Shri. Dhawal P. Antapurkar, Director, Steam Boilers who was impleaded as respondent no.2 in personal capacity in Original Application No. 1038/2018. This has triggered filing of Writ Petition No. 5599 of 2019 by Mr. Antapurkar challenging the impugned judgment of the Tribunal and seeking expungement and deletion of adverse findings therein.

3. Since Mr. Antapurkar (Writ Petition No. 5599 of 2019) is mainly concerned with expunction of adverse findings in the impugned judgment, we propose to treat Writ Petition No. 6957 of 2019 filed by the State Government as the lead matter by referring to the parties therein in the present Judgment, State Government as Petitioner, Mr. Mankar as Respondent No. 1 and Mr. Antapurkar as Respondent No. 2.

4. Respondent No.1 was serving as Deputy Director of Boilers (Group ‘A’) at Solapur. By order dated 29th September, 2018 he came to be promoted to the post of Joint Director (Group ‘A’) and posted at Nagpur. It is averred that the posting was granted in pursuance of recommendations of the Civil Services Board. The Respondent No.1 accordingly reported at Nagpur and assumed charge of the post of Joint Director of Boilers on 5th October, 2018. However, by letter dated 5th October, 2018 respondent no.2 informed him that his action of taking over the charge of the post of Joint Director at Nagpur was not in accordance of rules and the Respondent No.1 was reprimanded for unilaterally leaving the charge of the post of Deputy Director, Solapur and taking over the charge of Joint Director at Nagpur.

5. By order dated 20 November, 2018, the posting of the Respondent No.1 was changed from Nagpur to Solapur. He felt aggrieved by the order dated 20th November, 2018 and approached the Tribunal by filing Original Application No. 1038 of 2018. The order changing the posting from Nagpur to Solapur was assailed inter-alia on the ground of malice on the part of respondent no.1. By judgment and order dated 29 March, 2019, the Tribunal proceeded to allowed Original Application and set aside the order dated 20 November, 2018 directing restoration of Respondent No.1’s posting at Nagpur, granted vide order dated 29 September, 2018. Both State Government as well as Respondent No. 2 are aggrieved by the Order of the Tribunal.

6. Appearing for the petitioner, Mr. Walimbe, learned AGP would contend that the Tribunal exceeded its jurisdiction in interfering in the order of transfer in ignorance of settled principle that the scope of judicial review in the matter of transfers and posting is extremely narrow. That the Tribunal should therefore have been loath in interfering with the order of posting. He would submit that there were complaints against the Respondent No.1 during the tenure of his previous posting at Nagpur and considering that aspect, his posting was changed to Solapur. He would further contend that, Respondent No.1 committed misconduct in unilaterally leaving the charge of the post of Deputy Director at Solapur and that he was never relieved from Solapur. He unilaterally joined and took over the charge of t