Case Note & Summary
The Petitioner, Shri Rajendra s/o Maruti Najan, was posted as Tahsildar (Revenue) in Collector Office, Nashik since 23 April 2020. By order dated 12 April 2023, one Shri Parmeshwar Ankushrao Kasule was transferred to that post, rendering the Petitioner waiting for posting. On 16 June 2023, the Petitioner was transferred and posted as Tahsildar (Revenue), Collector Office, Pune, displacing Respondent no.2 who had been functioning on that post since 10 February 2020. The Petitioner reported for duty and took over charge on 19 June 2023. On the same day, Respondent no.2 filed Original Application No.699/2023 before the Maharashtra Administrative Tribunal, which passed an interim order directing Respondent no.2 to start working on the post from 20 June 2023, without hearing the Petitioner. The Petitioner challenged this interim order before the Bombay High Court. The High Court held that the Tribunal ought to have heard the Petitioner before passing an order that effectively displaced him from the post. The Court set aside the interim order and remanded the matter to the Tribunal for fresh hearing, directing the Tribunal to decide the application for interim relief afresh after hearing all parties. The Court also directed the Petitioner to continue working on the post until the Tribunal decides the interim application.
Headnote
A) Administrative Law - Natural Justice - Interim Relief Without Hearing - Maharashtra Administrative Tribunal Act, 1985 - The Tribunal passed an interim order directing Respondent no.2 to start working on the post of Tahsildar (Revenue) from 20 June 2023, despite the Petitioner having already taken over charge of that post on 19 June 2023. The order was passed without notice to the Petitioner, who was the affected party. Held that the Tribunal ought to have heard the Petitioner before passing such an order, as it effectively displaced him from the post. The High Court set aside the interim order and remanded the matter for fresh hearing. (Paras 1-14)
Issue of Consideration
Whether the Maharashtra Administrative Tribunal could pass an interim order directing Respondent no.2 to resume working on a post which the Petitioner had already taken over charge of, without hearing the Petitioner.
Final Decision
The High Court allowed the petition, set aside the interim order dated 19 June 2023 passed by the Maharashtra Administrative Tribunal in Original Application No.699/2023, and remanded the matter to the Tribunal for fresh hearing. The Tribunal was directed to decide the application for interim relief afresh after hearing all parties. The Petitioner was directed to continue working on the post of Tahsildar (Revenue), Collector Office, Pune until the Tribunal decides the interim application.
Law Points
- Natural Justice
- Interim Relief
- Transfer Orders
- Administrative Tribunals
- Hearing Before Adverse Order
Case Details
2023 LawText (BOM) (06) 128
WRIT PETITION NO. 7677 OF 2023
DHIRAJ SINGH THAKUR, SANDEEP V. MARNE
Mr. S.B. Talekar i/by. Talekar & Talekar Associates for the Petitioner, Mr. B.V. Samant, AGP for State-Respondent no.1, Mr. Gaurav Bandiwadekar for Respondent no.2
Shri. Rajendra s/o. Maruti Najan
The State of Maharashtra & Anr.
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Nature of Litigation
Challenge to interim order of Maharashtra Administrative Tribunal directing Respondent no.2 to resume working on a post which Petitioner had already taken over charge of.
Remedy Sought
Petitioner sought quashing of the Tribunal's interim order dated 19 June 2023 in Original Application No.699/2023.
Filing Reason
Petitioner was transferred and posted as Tahsildar (Revenue), Pune on 16 June 2023 and took over charge on 19 June 2023. Respondent no.2 filed O.A. before Tribunal which passed interim order directing Respondent no.2 to start working on the same post from 20 June 2023 without hearing Petitioner.
Previous Decisions
Tribunal passed interim order on 19 June 2023 in O.A. No.699/2023 directing Respondent no.2 to start working on the post from 20 June 2023.
Issues
Whether the Tribunal could pass an interim order directing Respondent no.2 to resume working on a post which Petitioner had already taken over charge of, without hearing the Petitioner.
Submissions/Arguments
Petitioner argued that he had already taken over charge of the post on 19 June 2023 and the Tribunal could not have directed Respondent no.2 to function on that post without hearing him.
Respondent no.2 argued that the transfer order was illegal and that he was entitled to continue on the post.
Ratio Decidendi
An interim order that effectively displaces a person from a post cannot be passed without hearing that person, as it violates principles of natural justice. The Tribunal ought to have heard the Petitioner before directing Respondent no.2 to resume working on the post.
Judgment Excerpts
Petitioner has filed this petition challenging interim order passed by the Maharashtra Administrative Tribunal (Tribunal) on 19 June 2023 in Original Application No.699/2023, by which the Tribunal has directed Respondent no. 2 to start working on the post of Tahsildar (Revenue), Collector Office, Pune from 20 June 2023.
Petitioner reported for duty and took over charge of the post of Tahsildar (Revenue), Collector Office, Pune on 19 June 2023.
The Tribunal proceeded to grant interim relief in favour of Respondent no. 2 on 19 June 2023.
In such circumstances, prima facie, the case is made out by the learned Advocate to grant Interim Relief. Applicant is hereby directed to start working from tomorrow on her post.
Procedural History
Petitioner was posted as Tahsildar (Revenue), Nashik from 23 April 2020. On 12 April 2023, another officer was transferred to that post, rendering Petitioner waiting for posting. On 16 June 2023, Petitioner was transferred and posted as Tahsildar (Revenue), Pune, displacing Respondent no.2. Petitioner took over charge on 19 June 2023. On the same day, Respondent no.2 filed O.A. No.699/2023 before the Maharashtra Administrative Tribunal, which passed an interim order directing Respondent no.2 to start working on the post from 20 June 2023. Petitioner challenged this order before the Bombay High Court by filing Writ Petition No.7677 of 2023.
Acts & Sections
- Maharashtra Administrative Tribunal Act, 1985:
