Suraj Domaji Patbhaje v. The Union Of India, Thr. Secy., Ministry Of Mines, New Delhi And ORS.

49-WP-1684-2025.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 1684 of 2025 Suraj Domaji Patbhaje vs.

The Union of India, through its Secretary, Ministry of Mines, New Delhi and others. ------------------------------------------------------------------------------------------------------- Mr. Vishal Anand, Advocate of petitioner.

Mr. C. J. Dhumane, Advocate for respondent nos. 1 to 3. Mr. A.B.Mahajan, Advocate with Mr. P. S. Sahare, Advocate for respondent no.4. ------------------------------------------------------------------------------------------------------- CORAM :- NITIN W. SAMBRE AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 29th APRIL,2025 P. C.

Heard learned counsel for the parties.

2.

The respondents so as to justify the transfer of the petitioner has banked on the speaking order passed by the Director General, Geological Survey of India (GSI) dated 24.04.2024. 3.

It appears that the Director General, GSI has considered the expertise knowledge of the petitioner and the respondent no.4 and justified the transfer of the petitioner to Hyderabad and that of the respondent no. 4 to Nagpur, based on their technical administrative expertise. Some of the observations are in the matter of implementation of Mission-1, Mission-2 and Mission-3 at National Level, the petitioner has performed well in the matter of execution of Mission-1 and Mission-3; whereas, the respondent no.4 has performed and given result in the matter of execution of Mission-2. 4.

Be that as it may, what the Director General of GSI has done is to justify what prevailed before the Government of India or the Ministry of Mines to pass the orders, particularly when it is not the Ministry of Mines who has passed the order but it is the Director General of GSI. 5.

The fact remains that the Ministry of Mines at no point of time tried to justify their order and it is upon the directions of the Central Administrative Tribunal the order is passed thereby rejecting the representation of the petitioner.

49-WP-1684-2025.odt 2 6.

In the aforesaid background, we deem it appropriate to defer the hearing to 08.05.2025 so as to enable the counsel appearing for the respondent nos. 1 to 3 to justify their observations and the justification on the posting of the petitioner and the respondent no.4 as, such justification is based on the satisfaction of the Ministry of Mines and not that of the Director General of GSI.

7.

Stand over to 08.05.2025 for further consideration. (MRS.VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) Andurkar.

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 03/05/2025 10:19:07