Pravin Ashok Bhadak vs The State Of Maharashtra And Others
2024 Latest Caselaw 22897 Bom

Bombay High Court

Pravin Ashok Bhadak vs The State Of Maharashtra And Others on 6 August, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

2024:BHC-AUG:17524-DB
                                                                         928wp8236-24

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              928 WRIT PETITION NO. 8236 OF 2024

                                     PRAVIN ASHOK BHADAK
                                              VERSUS
                          THE STATE OF MAHARASHTRA AND OTHERS
                                                ...
              Mr. Sanket N. Suryawanshi, Advocate for the Petitioner
              Mr. R. S. Wani, AGP for the Respondents State

                             CORAM            :   RAVINDRA V. GHUGE &
                                                  Y. G. KHOBRAGADE, JJ.
                             DATE             :   6th August, 2024
              ORDER:

1. The only prayer put forth by the Petitioner in this Petition is

that though the transfer order dated 27.07.2023, has been issued by the

competent authority, thereby transferring the Petitioner from Kalyan to

Dhule, yet, the Petitioner is not being relieved from his present posting

at Kalyan by Respondent No.4. It is also submitted that his transfer

order was also defended before the learned Maharashtra Administrative

Tribunal in Original Application No. 730 of 2023, The issue as

regards Section 10 of the Maharashtra Government Servants

(Regulation of Transfers and Prevention of Delay in Discharge of Official

Duties) Act, 2005 could have an effect on the conduct of the

Respondent.

2. The Petitioner's Original Application (Transfer Application No.

25 of 2024), is before the learned Tribunal. The interim application

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was heard and an order was passed on 25.07.2024, vide which, the

learned Tribunal declined to issue any interim orders. The matter is

now posted for a final hearing, on 26.08.2024.

3. It is a weird situation wherein an authority competent to

transfer the Petitioner, has issued a transfer order on 27.07.2023 and is

not effecting the same. When the said transfer order was challenged in

Original Application No. 730 of 2023, the Department stoutly defended

the order. With the passage of one year and ten days, the Petitioner is

still not relieved and is on tenter-hooks. His aged father is taking

treatment at Dhule. It is, therefore, prayed that either the post on

which he is being transferred at Dhule be kept vacant or the learned

Tribunal be requested to decide the application of the Petitioner,

expeditiously.

4. In view of the above, we request the learned Tribunal to

consider the plight of the Petitioner and hear the parties on 26 th August,

2024 and endeavour to deliver a judgment, as early as possible. The

issue raised by the Petitioner that Respondent No.4 is answerable for

the delay in discharge of official duties in view of Section 10 of the

2005 Act, is kept open for the Tribunal to consider.

5. The learned Advocate for the Petitioner contends that once

the transfer order has been issued on 27.07.2023, the Petitioner cannot

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be transferred for a period of three years. This aspect will also be

considered by the Tribunal.

6. With the above observations and request, this Writ Petition is

disposed off.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )

JPChavan