Abdul Mobin Khan (Pathan) S/O. Abdul Bashid Khan v. State Of Maharashtra, Through Secretary, Revenue And Forest Dept. And Others

WP4068-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Writ Petition No.4068/2015 (Abdul Mobin Khan (Pathan) s/o Abdul Bashid Khan .vs. State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr.P.V. Thakre, Advocate for Petitioner.

Mr. N.S. Rao, AGP for Respondent No.1.

CORAM : B.R. Gavai & Indira K. Jain, JJ.

DATED : July 17, 2015.

1.

The petitioner has approached this Court being aggrieved by the judgment and order passed by the learned Member of the Maharashtra Administrative Tribunal, Nagpur thereby dismissing the original application.

2.

The learned counsel for the petitioner submits that the transfer of the petitioner was mid-term and was made with an ulterior motive.

3.

No doubt that in view of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 the mid-term transfers are not to be made. However, in view of the view taken by the Division Bench of this Court if the reasons are recorded and an approval of the statutory authorities is obtained, it is permissible for the authorities to issue the mid-term transfer.

4.

The perusal of the judgment of the learned Tribunal would reveal that the learned Tribunal has

WP4068-15.odt examined the reasons and has also found that the prior approval of the higher authorities i.e. the Principal Chief Conservator of Forest was obtained prior to issuing the order.

5.

In that view of the matter, no error is found to interfere with the order passed by the learned Tribunal. Rejected.

JUDGE JUDGE halwai