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Bombay High CourtWP/10089/2019disposed offdismissed for default

Vishal Vasant Bhosale v. The State Of Maharashtra And Another

2019-09-19Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Anil S. Kilor2 pages

1 109-WP-10089-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10089 OF 2019 VISHAL VASANT BHOSALE ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...RESPONDENTS Mr. C.K. Shinde, Advocate for Petitioner Mr. S.B. Narwade, AGP for Respondents-State Mr. M.N. Navandar, Advocate for Respondent No. 2 CORAM : S.V. GANGAPURWALA AND ANIL S. KILOR, JJ.

DATE : 19th SEPTEMBER, 2019 ORAL ORDER:

1.

The petitioner is transferred after six years. Mr. Shinde, the learned Counsel for the petitioner submits that the procedure has not been followed by the respondents. There are other persons, who have completed more than six years but are stationed at one place. The petitioner is not given an opportunity to give his choice of place. 2.

Mr. Navandar, the learned Counsel for the respondent No. 2 submits that the petitioner has completed two tenures at one place.

2 109-WP-10089-2019 As such, he was liable for transfer. The option is available only to those who have completed service of 10 years and more at one place.

3.

The Circular relied by both the parties suggests that those who have worked for 10 years or more on one post, are entitled to give the choice of the place of transfer. The petitioner has completed 6 years only.

4.

The petitioner says that he is transferred at the distance of 260 kilometers.

5.

The petitioner may make an application with the respondents for accommodating at some nearby place. 6.

The respondents may consider the application filed by the petitioner on its own merits.

7.

The writ petition is accordingly disposed of. No costs. [ ANIL S.KILOR ] [ S.V.GANGAPURWALA ] JUDGE JUDGE mta