Pravin Ashok Bhadak v. The State Of Maharashtra Through Additional Chief Secretary And Others

2024:BHC-AUG:13103-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6400 OF 2024 PRAVIN ASHOK BHADAK

VERSUS

THE STATE OF MAHARASHTRA THROUGH ADDITIONAL CHIEF SECRETARY AND OTHERS ....

Ms S. N. Suryawanshi, Advocate for Petitioner; Mr N. S. Tekale, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 2nd July, 2024 PER COURT:

1.

According to the Petitioner, on account of the inaction on the part of the Authority, his transfer order dated 27/07/2023, which has not been interfered with by any Authority or the Court, is not being implemented. The only prayer put forth is that, as the Statutory Authority is not discharging it's jurisdictional duty by implementing the transfer order dated 27/07/2023, the Petitioner is required to approach this Court.

(2) 2.

The learned A.G.P. submits that, as the Petitioner is in the service of the Government of Maharashtra, this prayer will have to be canvassed before the learned Maharashtra Administrative Tribunal, at Chhatrapati Sambhajinagar (Tribunal). 3.

The learned Advocate for the Petitioner sought a pass over, and after taking instructions from the Petitioner, submits that this Writ Petition may be transferred to the learned Tribunal only for dealing with the prayer of the Petitioner, seeking implementation of his transfer order.

4.

Considering Section 3(q) and 15 of the Administrative Tribunal Act, 1985, we deem it appropriate to direct the Registry of this Court to transfer this Writ Petition, urgently, to the learned Maharashtra Administrative Tribunal, Chhatrapati Sambhajinagar, to deal with the issue of implementation of the transfer order of the Petitioner, dated 27/07/2023.

5.

This Writ Petition is, therefore, disposed off from the file of this Court. The Registry of this Court shall transfer this Writ Petition to the learned Tribunal, urgently.

(3) 6.

If the Petitioner requests for an urgent/interim orders before the learned Tribunal, we would request the Tribunal to deal with such urgent request as early as possible. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk