Case Note & Summary
The case involves two writ petitions arising from a common judgment of the Maharashtra Administrative Tribunal dated 29 March 2019. The first petition (WP-6957-2019) was filed by the State of Maharashtra challenging the Tribunal's order setting aside the transfer of Sanjay Dinkarrao Mankar from Nagpur to Solapur. The second petition (WP-5599-2019) was filed by Dhawal P. Antapurkar, Director, Steam Boilers, seeking expungement of adverse remarks made against him by the Tribunal. The facts are that Sanjay Mankar was promoted to the post of Joint Director-Boilers and posted at Nagpur by order dated 29 September 2018. However, by order dated 20 November 2018, his posting was changed to Solapur without any justification. Mankar challenged this before the Tribunal, which allowed his application, setting aside the transfer order and restoring his posting at Nagpur. The Tribunal also made adverse observations against Antapurkar, impleaded in personal capacity, alleging malafides. The High Court, after hearing both sides, upheld the Tribunal's decision on the transfer, finding that the order was passed without application of mind and in violation of the transfer policy. However, the High Court held that the adverse remarks against Antapurkar were made without giving him an opportunity of hearing, violating principles of natural justice. Accordingly, the High Court dismissed the State's petition and allowed Antapurkar's petition, expunging the adverse remarks. The court directed that the adverse observations against Antapurkar be deleted from the Tribunal's judgment.
Headnote
A) Service Law - Transfer - Non-application of Mind - Transfer Policy - The Tribunal set aside the transfer order dated 20 November 2018 changing the posting of the applicant from Nagpur to Solapur, holding that the order was passed without application of mind and in violation of the transfer policy. The High Court upheld this finding, noting that the transfer was made without considering the applicant's representation and without following the policy. (Paras 2-10) B) Service Law - Adverse Remarks - Natural Justice - Expungement - The Tribunal made adverse observations against Dhawal P. Antapurkar, Director, Steam Boilers, without giving him an opportunity of hearing. The High Court held that such remarks could not be sustained as they were made in violation of principles of natural justice. The adverse remarks were expunged and deleted. (Paras 11-15)
Issue of Consideration
Whether the Tribunal was justified in setting aside the transfer order of Sanjay Dinkarrao Mankar and in making adverse observations against Dhawal P. Antapurkar without affording him an opportunity of hearing.
Final Decision
Writ Petition No. 6957 of 2019 filed by the State of Maharashtra is dismissed. Writ Petition No. 5599 of 2019 filed by Dhawal P. Antapurkar is allowed. The adverse observations made by the Tribunal against Antapurkar are expunged and deleted from the judgment.
Law Points
- Transfer order
- Non-application of mind
- Violation of transfer policy
- Adverse remarks without hearing
- Natural justice
