The Bombay high court on Tuesday said the mid -term transfer
of a sub-divisional officer from Bhiwandi as deputy collector (Mumbai
suburban) by state revenue minister Chandrakant Patil was prima facie
illegal.
A bench of Justices Abhay Oka and Mahesh Sonak heard a petition by
Santosh Thite challenging the Maharashtra Administrative Tribunal’s (MAT)
August 7, 2018 order dismissing his petition to quash and set aside his
transfer.
Thite was appointed sub-divisional officer, Bhiwandi, Thane
district, on November 11, 2015. On June 7, 2018, even before completing
his three-year tenure, he was transferred and replaced with Mohan
Naladkar. Thite had replaced Archana Kadam.
Before MAT, the government said the work of the Nagpur-Mumbai Samruddhi Expressway was to be given priority, and hence
Naladkar was appointed in Thite’s place.
It also stated that Patil, in pursuance of the powers conferred upon him, effected
certain modifications in the proposal prepared by the Civil Services Board.
The judges said perusal of MAT’s order prima facie indicated that it proceeded on the assumption that the chief minister had
approved the transfer in accordance with the Maharashtra Government Servants Regulation of Transfers Act. Thite’s advocate
Uday Warunjikar said “his transfer is at the behest of a political personality without any authority of law.”
The judges said the minister was not the competent authority, and no reasons had been recorded as mandated by the Act. “There is also no specific prior approval. Thus, it appears to us the order is prima facie illegal. Perhaps the tribunal did not notice no reasons are recorded by the competent authority and there is no signature of transferring authority,” said the bench. It issued notices to Naladkar and Kadam, seeking replies on October 8. Since Thite took charge on August 30, the bench said it is not granting any relief. Before dictating the order, the judges gave the government the option to withdraw the transfer order. “We are concerned with the decisionmaking authority and nothing else. If this is the way implementation of the Act is done!” Justice Oka lamented. He also said, “If we find the order (of transfer) is wrong, we can always have it set aside.”
The judges said the minister was not the competent authority, and no reasons had been recorded as mandated by the Act. “There is also no specific prior approval. Thus, it appears to us the order is prima facie illegal. Perhaps the tribunal did not notice no reasons are recorded by the competent authority and there is no signature of transferring authority,” said the bench. It issued notices to Naladkar and Kadam, seeking replies on October 8. Since Thite took charge on August 30, the bench said it is not granting any relief. Before dictating the order, the judges gave the government the option to withdraw the transfer order. “We are concerned with the decisionmaking authority and nothing else. If this is the way implementation of the Act is done!” Justice Oka lamented. He also said, “If we find the order (of transfer) is wrong, we can always have it set aside.”
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