Dr. Shekhar Nana Pradhan v. State Of Maharashtra Thru Secretary, Medical Edu. And Drugs Dept. And ANR

47-WP14220-18.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14220 OF 2018 Dr. Shekhar Nana Pradhan ....Petitioner

Versus

State of Maharashtra & ors.

...Respondents

Mr. Prashant Chavan, I/b Mr. R. R. Chile, for the Petitioner. Mr. P. G. Sawant, AGP for Respondent no.1.

Mr. N. V. Bandiwadekar, I/b Mr. S. A. Mane, for Respondent no.2.

CORAM:

B. R. GAVAI & N. J. JAMADAR, JJ DATED:

21st January, 2019 PC:- 1.

The Petitioner has approached this Court being aggrieved by the judgment and order passed by the Maharashtra Administrative Tribunal, dated 19th November, 2018, in Original Application No.527 of 2018, filed by Respondent no.2, thereby allowing the original application of Respondent no.2 and quashing and setting aside the transfer order vide which the Petitioner was transferred from Miraj to Pune and Respondent no.1 was transferred from Pune to Miraj.

2.

We are not inclined to interfere with the impugned order on a short ground that the Petitioner was duly served 1/2

47-WP14220-18.DOC with the notice and he chose to remain absent before the learned Tribunal and as such, the learned Tribunal has passed the order ex parte. It is submitted that the present Petitioner did not respond to the notice issued by the Tribunal as the Petitioner was given to understand that the State Government would protect his interest. The party, who did not respond to the notice issued by the learned Tribunal, can not challenge the impugned order. In our view, the impugned order does not warrant any interference. Adinterim protection granted earlier stands vacated. 3.

The petition is, therefore, rejected.

[N. J. JAMADAR, J.] [B. R. GAVAI, J.] 2/2