High Court rejected writ petition challenging transfer order, holding interference impermissible without proof of malafide intention.
Writ petition rejected.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 5803 OF 2010
Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders.
1
Mr. C.K. Shinde, Advocate for the petitioner
Mr. Nimbalkar, Advocate holding for Mr. Salunke Advocate for the respondent No.2
CORAM :- B.R. GAVAI & A.A. SAYED, JJ.
1] The petitioner impugns the order of transfer. Transfer is an incident of service. Unless it is pointed out that transfer has been effected with some malafide intention, it would not be permissible for this court to interfere in its extraordinary jurisdiction. Hence, the writ petition is rejected.
[A.A. SAYED, J.] [B.R. GAVAI, J.]
grt/-
2 issues framed by the court
Whether transfer order in service can be interfered upon without showing malafide intent.
Whether this court can interfere in transfer incident of service under extraordinary jurisdiction.
PETITIONER
RESPONDENT NO.2
B.R. GAVAI
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
