State of Maharashtra vs Pramila Vitthal Kawale

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Bom) 188

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A. S. CHANDURKAR, RAJESH S. PATIL, JJ
State of Maharashtra – Appellant
Versus
Pramila Vitthal Kawale – Respondent

Advocate Appeared:
Dr. Birendra B. Saraf Advocate General a/w Ms. Neha S Bhide,
Government Pleader & Mrs. Reena A. Salunkhe, Assistant
Government Pleader for the Petitioners in all the above writ
petitions.
Mr. Prashant Katneshwarkar, Senior Advocate i/b. Mr.Prashant
M.Nagargoje, Advocate for the respondent no.1 in Writ Petition
No.11740 of 2024.
Mr. Mihir Desai, Senior Advocate i/b. Mr. Prashant M. Nagargoje
a/w Mr.V.B.Narke & Ms. Sanskriti Yagnik, Advocates for the
Applicant-Intervener in Interim Application No. 15200 of 2024 &
for the respondents in Writ Petition No.18051 of 2024.
Mr. Prashant M. Nagargoje a/w Mr. V. B. Narke, Advocates for the
respondent in Writ Petition No.17630 of 2024.
Mr. Prashant M. Nagargoje a/w Mr. V.B.Narke for the respondent
no. 1 in Writ Petition No.17628 of 2024 & for the respondent nos.1
to 8 in Writ Petition No.17629 of 2024.
Mr. Bhupesh G.Singh, Law Officer present.
Mr. Sidharth Kamble, Law Officer to I.G.P. Kolhapur present.

Table of Content
1. challenge to transfer orders (Para 1 , 2)
2. submissions by advocate general (Para 3)
3. opposition by senior advocate (Para 4 , 5)
4. consideration of documents (Para 6 , 7)
5. validity of transfer orders (Para 8 , 9 , 10 , 11 , 12 , 13)
6. orders of transfer upheld (Para 14)

JUDGMENT:

(A.S. Chandurkar, J.)

1] This batch of writ petitions raises challenge to the common judgment of the Maharashtra Administrative Tribunal (Tribunal, for short) dated 19/07/2024 whereby the learned Member of the Tribunal decided various Original Applications that had been preferred by police personnel in the rank of Police Inspector, Assistant Police Inspector and Police Sub-Inspector who had been transferred by the order dated 26/02/2024 in view of the directives issued by the Election Commission of India (ECI, for short). The learned Member of the Tribunal was of the view that the transfer orders that had been issued in view of directives of the ECI would lose their efficacy at the conclusion of the general elections and hence the transfers effected on that basis were in the nature of deemed deputation of the concerned police personnel during that period.

2] On 21/12/2023, the ECI issued

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