Arun Yashwantrao Humne vs State Of Maharashtra, Thr. ...
2023 Latest Caselaw 956 Bom

                                                 1                                 WP693-23.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     NAGPUR BENCH, NAGPUR
                             WRIT PETITION NO. 693/2023
   (DR.ARUN YASHWANTRAO HUMNE VERSUS STATE OF MAHARASHTRA & ANOTHER)
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                    Court's or Judge's order
and Registrar's orders.
        Shri B.G. Kulkarni, counsel for the petitioner.

        CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.

DATE : JANUARY 30, 2023.

It is submitted by the learned counsel for the petitioner that initially by an order dated 15.04.2021 the charge of the post of Dean, Government Medical College and Hospital, Chandrapur was taken from the petitioner and handed over to another Professor. This order was challenged before the Maharashtra Administrative Tribunal. During the pendency of those proceedings an order dated 07.09.2021 came to be passed by which the petitioner was posted as Dean, Government Medical College, Nandurbar. The original application was thereafter amended. The Tribunal by the impugned judgment has held that the initial order dated 15.04.2021 is not an order of transfer. The Tribunal has then proceeded to hold that the original application itself was not maintainable since there was no order of transfer. Insofar as the order dated 07.09.2021 is concerned, that has been held to be legal since there was compliance of the provisions of Section 4(4) and (5) of The Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. It is urged by the learned counsel for the petitioner that the order dated 07.09.2021 makes it clear that the petitioner's services were transferred from Chandrapur to Nandurbar and therefore the original application was tenable insofar as the challenge to the order dated 15.04.2021 was concerned.

Issue notice to the respondents returnable in three weeks.

Learned In-Charge Government Pleader Shri A.M. Deshpande waives service of notice for the respondents.

       (MRS. VRUSHALI V. JOSHI, J.)                       (A. S. CHANDURKAR,          J.)signed
                                                                      Signed By: Digitally
                                                                           byROHIT DATTATRAYA
APTE                                                                       APTE
                                                                           Signing Date:30.01.2023 17:23