Alim Mirza Baig Mirza Sajjad Baig v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO.14293 OF 2018 ALIM MIRZA BAIG MIRZA SAJJAD BAIG

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr.Satej S. Jadhav, Advocate for the petitioner Mr.S.M.Ganachari, AGP for Respondent - State ...

CORAM: S.S.SHINDE & A.M.DHAVALE,JJ.

DATE : 21.12.2018 ORDER:

1] Learned counsel appearing for the petitioner submits that, the petitioner has already approached the Divisional Commissioner, Aurangabad, by filing representation. He submits that, the impugned order of transfer is punitive in nature inasmuch as there is reference in the impugned order that, due to complaint received by the Chief Executive Officer, Hingoli, the petitioner has been transferred from Shengaon to Vasmat.

2] Since the representation of the petitioner is pending with respondent no.2, we direct respondent no.2 to decide the said representation, keeping in view the impugned order of transfer, wherein there is reference to the complaint received by respondent no.3, and therefore, the petitioner is transferred. Respondent no.2 also to afford reasonable opportunity of hearing to the petitioner.

3] The petitioner to appear before respondent no.2 in his office, between 11.00 a.m. to 2.00 p.m. on 26th December, 2018.

4] Said representation to be decided within two weeks from today.

5] The respondents are directed to maintain status quo as to the place of service / employment as prevailing on today for two weeks or till the representation is

decided by respondent no.2, whichever occurs first.

6] With the above observations, the Writ Petition stands disposed of.

7] Parties to act upon authenticated copy of this order.

[A.M.DHAVALE] [S.S.SHINDE] JUDGE JUDGE DDC