Case Note & Summary
The petitioner, S.B. Bhagwat, originally employed by the Maharashtra Textile Corporation Ltd., was redeployed on 2 December 2003 to the Maharashtra State Other Backward Classes Finance and Development Corporation Ltd. (the third respondent). He served as District Manager in Pune District until 31 May 2010, when he was transferred to Sangli District upon completion of a three-year tenure. On 18 May 2011, the third respondent sought approval from the Ministry of Social Justice (second respondent) under Section 4(5) of the Maharashtra Government Servants' Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, for transferring six employees on administrative grounds before completion of their normal tenure. The petitioner was not among those six. On 27 July 2011, the second respondent directed transfers of 14 persons as a special case under Section 4(5), again not including the petitioner. Subsequently, the chairperson of the third respondent wrote a letter dated 9 August 2011 expressing concern that the proposed transfers would cause administrative dislocation. Despite this, the petitioner was transferred from Sangli to Solapur by an order dated 29 August 2011. The petitioner challenged this transfer, arguing that it was made without prior approval under Section 4(5) of the Act, which was required for transfers before completion of the normal tenure. The court analyzed the statutory scheme and found that the transfer order was invalid because the mandatory prior approval under Section 4(5) had not been obtained for the petitioner's transfer. The court noted that the approval process had been initiated for other employees but not for the petitioner. Consequently, the court quashed the transfer order and directed that the petitioner be allowed to continue at Sangli. The court also emphasized that transfer orders must comply with statutory requirements and policy guidelines.
Headnote
A) Service Law - Transfer - Statutory Approval - Section 4(5) of Maharashtra Government Servants' Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 - The petitioner challenged his transfer from Sangli to Solapur on the ground that prior approval under Section 4(5) was not obtained for his transfer, though it was obtained for other employees. The court held that the transfer order was invalid as the statutory requirement of prior approval was not complied with, and the transfer was not in accordance with the policy. (Paras 2-5) B) Service Law - Transfer - Redeployed Employee - Applicability of Transfer Act - The petitioner, originally employed by Maharashtra Textile Corporation Ltd., was redeployed to Maharashtra State Other Backward Classes Finance and Development Corporation Ltd. The court held that the transfer regulations under the Act apply to such redeployed employees as they are government servants. (Paras 2-3)
Issue of Consideration
Whether the transfer of the petitioner from Sangli to Solapur was valid under the Maharashtra Government Servants' Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, particularly when the petitioner was not among the employees for whom prior approval was sought and obtained under Section 4(5) of the Act.
Final Decision
The court allowed the petition, quashed the transfer order dated 29 August 2011, and directed that the petitioner be allowed to continue at Sangli.
Law Points
- Transfer order without prior approval under Section 4(5) of the Maharashtra Government Servants' Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act
- 2005 is invalid
- Transfer policy must be followed strictly
- Redeployed employees are subject to same transfer regulations
