Case Note & Summary
The petitioner, Ganesh s/o Tulshiram Pagare, an employee of the Municipal Council, Beed, challenged a letter/order dated 02.03.2016 issued by the Divisional Commissioner, Aurangabad (respondent no.2), which transferred him from Beed to another location. The petitioner contended that the Divisional Commissioner lacked jurisdiction to transfer employees of a Municipal Council under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and that the order was passed without any notice or hearing, violating principles of natural justice. The respondents argued that the transfer was made in the public interest and that the Divisional Commissioner had the authority. The High Court examined the relevant provisions of the Act and held that the power to transfer employees of a Municipal Council is vested in the Municipal Council itself under Section 56 of the Act, and the Divisional Commissioner has no such authority. The court also noted that the impugned order was passed without affording any opportunity of hearing to the petitioner, which is a clear violation of natural justice. Consequently, the court quashed and set aside the impugned order dated 02.03.2016 and allowed the writ petition. The court directed that the petitioner be permitted to continue in his original place of posting, subject to any fresh order passed by the competent authority in accordance with law.
Headnote
A) Municipal Law - Transfer of Employees - Competent Authority - Under Section 56 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the power to transfer employees of a Municipal Council vests in the Municipal Council itself, not the Divisional Commissioner. The impugned order dated 02.03.2016 issued by the Divisional Commissioner transferring the petitioner was without jurisdiction and illegal. (Paras 1-10) B) Administrative Law - Natural Justice - Right of Hearing - The impugned order was passed without affording any opportunity of hearing to the petitioner, violating principles of natural justice. The order was set aside on this ground as well. (Paras 5-10)
Issue of Consideration
Whether the Divisional Commissioner has the authority to transfer an employee of a Municipal Council under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, and whether the impugned order was passed in violation of principles of natural justice.
Final Decision
The writ petition is allowed. The impugned letter/order dated 02.03.2016 issued by respondent no.2 is quashed and set aside. The petitioner is permitted to continue in his original place of posting, subject to any fresh order passed by the competent authority in accordance with law.
Law Points
- Natural justice
- Transfer of employees
- Competent authority
- Jurisdiction of Divisional Commissioner
- Maharashtra Municipal Councils Act
- 1965
