Sanjay Dattatraya Desai v. The State Of Maharashtra Thru The Principal Secretary, Medical Education And Drugs Dept.
(932)-WP-14221-18 & group.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14221 OF 2018 Vijay Digambar Kassa ..Petitioner
Versus
The State of Maharashtra ..Respondent WITH WRIT PETITION NO.14218 OF 2018 Sanjay Dattatraya Desai ..Petitioner
Versus
The State of Maharashtra ..Respondent WITH WRIT PETITION NO.13082 OF 2018 Vidya Sunil Patil ..Petitioner
Versus
The State of Maharashtra ..Respondent Mr. Nitin P. Dalvi a/w Ms. Bhavana Punalekar, Advocate for the Petitioner in all the Writ Petitions.
Mrs. R. A. Salunkhe, AGP for Respondent - State. CORAM : B. R. GAVAI & N. J. JAMADAR, JJ.
DATE : 14th FEBRUARY, 2019 P.C.
1] The Petitions challenge the common order dated 5th October 2018 passed by the learned Maharashtra Administrative Tribunal in three Original Applications filed by the Petitioners, thereby rejecting their Original Applications. 2] The Original Applicants had filed their Original BGP. 1 of 2
(932)-WP-14221-18 & group.doc.
Applications challenging their transfer order from Kolhapur to various places. Being aggrieved thereby, the Petitioners had approached the learned Tribunal. The learned Tribunal by an elaborate reasons has rejected the Original Applications. 3] Heard Mr. Nitin P. Dalvi, learned counsel for the Petitioners and Mrs. R. A. Salunkhe, learned AGP for Respondent - State.
4] The scope of interference in the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, while examining correctness of the order passed by the learned Tribunal is very limited. Unless finding of the learned Tribunal is found to be perverse or impossible, it will not be appropriate for this Court to interfere with the order passed by the learned Tribunal. The learned Tribunal has found that the Applicants before it were already due for transfer and therefore, it cannot be said that there was any illegality in the transfer orders. We do not find that the order passed by the learned Tribunal warrant an interference. The Writ Petitions are rejected. [N. J. JAMADAR, J.] [B. R. GAVAI, J.] BGP. 2 of 2