Case Note & Summary
The petitioners, four government pleaders working at the Maharashtra Administrative Tribunal, Aurangabad, filed a writ petition challenging their transfer to Mumbai. They argued that the transfer was arbitrary, malafide, and passed without giving them an opportunity of being heard. The respondents, including the State of Maharashtra and the Law & Judiciary Department, defended the transfer as an administrative decision taken in public interest. The court, after hearing both sides, dismissed the petition, holding that the transfer of government pleaders is an administrative decision and not subject to judicial review unless malafides or violation of statutory rules is established. The court noted that the petitioners hold office during the pleasure of the government and have no right to be posted at a particular place. The petition was dismissed with no order as to costs.
Headnote
A) Service Law - Transfer of Government Pleaders - Administrative Decision - The transfer of government pleaders is an administrative decision and not subject to judicial review unless malafides or violation of statutory rules is established. The court held that the petitioners, being government pleaders, hold office during the pleasure of the government and have no right to be posted at a particular place. (Paras 1-5) B) Service Law - Right to be Heard - Transfer - The petitioners contended that they were not heard before the transfer order was passed. The court held that since the transfer is an administrative decision, no prior hearing is required unless the rules specifically provide for it. (Paras 1-5)
Issue of Consideration
Whether the transfer of government pleaders from Aurangabad to Mumbai is valid and whether the petitioners have a right to be heard before transfer.
Final Decision
Writ petition dismissed. Transfer order upheld. No order as to costs.
Law Points
- Transfer of government pleaders is an administrative decision
- not subject to judicial review unless malafides or violation of statutory rules is established
- Government pleaders hold office during pleasure of the government
- No right to be posted at a particular place
