Girdhar Laxmandas Harwani v. State Of Maharashtra, Thr. Secy., Urban Development Depat. , Mumbai And ORS.

2025:BHC-NAG:8368-DB 47.wp.4873.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4873 OF 2025 Girdhar Laxmandas Harwani .Vs. State of Maharashtra and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Z.Z. Haq, Advocate for petitioner.

Mr. N.S. Rao, A.G.P. for respondents/State.

CORAM : ANIL S. KILOR AND AJIT B. KADETHANKAR, JJ.

DATE : 25/08/2025 1.

In the present writ petition, it is prayed to direct investigation against the respondent Authorities involved in illegal transfer of the respondent No.3 and further direct recovery of salary paid by Akola Municipal Corporation to the respondent No.3.

2.

According to the petitioner, respondent No.3 came to be appointed by respondent No.2 on the post of 'Clerk' in Akola Municipal Corporation and was transferred to the office of the respondent No.1 on deputation. According to the petitioner, the said transfer is illegal and without following due process.

3.

It is alleged that, the petitioner had filed an application under Right to Information Act, to enquire about supplying relevant documents and thereafter, received

47.wp.4873.2025.odt a communication stating that, the services of respondent No.3 were transferred with respondent No.1 on deputation. 4.

Thus, it is evident that this is a service matter and the petitioner is 3rd person to raise issue. It is a settled law that in service matters even public interest litigation cannot be entertained.

5.

In that view of the matter, as the petitioner has no locus to maintain this petition, accordingly, we dismiss this petition.

(AJIT B. KADETHANKAR, J.) (ANIL S. KILOR, J.) C.L. Dhakate