Case Note & Summary
The petitioner, Santosh Nandalal Dalal, and respondent No.3, Dnyaneshwar Vasantrao Deore, were both Inspectors of Weights and Measures in the Legal Metrology Department of the State of Maharashtra. By an order dated 31-5-2010, respondent No.3 was transferred from Malegaon, District Nasik to Chalisgaon, District Jalgaon, and the petitioner was transferred to Bhusawal. They joined their new posts. Respondent No.3 filed Original Application No.88 of 2014 before the Maharashtra Administrative Tribunal (MAT), Mumbai, Bench at Aurangabad, challenging his transfer and also the transfer of the petitioner. The MAT allowed the application, setting aside both transfer orders. The petitioner then filed the present writ petition challenging the MAT's judgment. The High Court noted that the MAT had allowed the application without considering the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. The court observed that under Section 3 of the Act, the transfer policy must be published in the official gazette, and under Section 4, representations against transfer must be considered. The MAT did not examine whether these requirements were complied with. The court held that the MAT's order was unsustainable and set it aside, remitting the matter to the MAT for fresh consideration in accordance with law. The court directed the MAT to decide the application afresh within three months, after hearing all parties and considering the statutory provisions.
Headnote
A) Administrative Law - Transfer of Government Servants - Validity of Transfer Orders - Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, Sections 3, 4 - The court considered whether transfer orders of Inspectors in Legal Metrology Department complied with the Act. Held that the MAT failed to consider the mandatory provisions of the Act requiring publication of transfer policy and consideration of representations. The transfer orders were set aside and the matter remitted to the MAT for fresh consideration. (Paras 1-8) B) Administrative Law - Transfer Policy - Publication Requirement - Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, Section 3 - The court noted that the transfer policy must be published in the official gazette as per Section 3. The MAT did not examine whether this requirement was fulfilled. Held that the MAT must consider this aspect while deciding the application afresh. (Paras 5-8) C) Administrative Law - Representations Against Transfer - Consideration Mandatory - Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, Section 4 - The court observed that representations against transfer must be considered by the competent authority. The MAT did not address whether such representations were made and considered. Held that the MAT must examine this issue. (Paras 5-8)
Issue of Consideration
Whether the transfer orders of the petitioner and respondent No.3 were valid under the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, and whether the MAT erred in allowing the application without considering the statutory requirements.
Final Decision
The High Court allowed the writ petition, set aside the judgment and order of the MAT dated 6-5-2015 in Original Application No.88 of 2014, and remitted the matter to the MAT for fresh consideration in accordance with law, to be decided within three months.
Law Points
- Transfer of government servants must comply with statutory provisions of Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act
- 2005
- Transfer policy must be published in official gazette
- Representations against transfer must be considered
- MAT cannot ignore statutory provisions
