Case Note & Summary
The petitioners, Suresh Vishwanath Gholap and Sunil Vitthalrao Borade, were serving as Taluka Health Officers in the Public Health Department of Maharashtra. They were transferred by orders dated 30-06-2011 and 01-07-2011 respectively, without following the procedure prescribed in the Government Resolution dated 15-06-2007. The Government Resolution required that transfer orders be issued after considering objections and providing reasons. The petitioners challenged the transfer orders by filing writ petitions before the Bombay High Court, Aurangabad Bench. The court examined the Government Resolution and found that the transfer orders were passed mechanically without any application of mind. The respondents did not consider the petitioners' representations or provide any opportunity of hearing. The court held that the transfer orders were in violation of the Government Resolution and principles of natural justice. Consequently, the court quashed the impugned transfer orders and directed the respondents to pass fresh orders in accordance with law, after giving due opportunity to the petitioners. The writ petitions were allowed with no order as to costs.
Headnote
A) Service Law - Transfer - Government Resolution dated 15-06-2007 - Compliance - Transfer orders must be issued in accordance with the policy laid down in the Government Resolution, which requires consideration of objections and reasons for transfer - Held that the impugned transfer orders were passed without following the mandatory procedure under the Government Resolution, hence unsustainable (Paras 5-8). B) Service Law - Natural Justice - Opportunity of Hearing - Transfer - Even in administrative transfers, if the policy provides for consideration of objections, failure to give opportunity vitiates the order - Held that the petitioners were not given any opportunity to object, and their representations were not considered, violating principles of natural justice (Paras 6-7).
Issue of Consideration
Whether the transfer orders of the petitioners were validly issued in compliance with the Government Resolution dated 15-06-2007 and principles of natural justice
Final Decision
The writ petitions are allowed. The impugned transfer orders are quashed and set aside. The respondents are directed to pass fresh orders in accordance with law, after giving due opportunity to the petitioners. No order as to costs.
Law Points
- Transfer orders must comply with Government Resolution dated 15-06-2007
- reasoned consideration of objections
- opportunity of hearing
- adherence to transfer policy
