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State of Maharashtra and Anr. Vs Sunil Deorao… — Service and Employment | Bombay HC (2011)

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Bombay HC
2011
State of Maharashtra and Anr. Vs Sunil Deorao DeshmuState of Maharashtra and Anr. v. Sunil Deorao Deshmukh, and

Dismissed

State of Maharashtra and Anr. v. Sunil Deorao Deshmukh, and Anr.

Bombay HC26 Sept 2011WP/5868/2011

Case brief

AI extract

What is this about?

The High Court summarily rejected the State Government's writ petition challenging a Tribunal order that protected transferred Police Officers from further transfer by linking them indiscriminately to general elections. The Court found no substance in the challenge and clarified that the State remains enabled to transfer officers per rules.

What did the court decide?

The petition was rejected summarily with a clarification that the petitioners are not prevented from transferring the respondents as per the Rules.

What the court decided

AI extract

Outcome

The petition was rejected summarily with a clarification that the petitioners are not prevented from transferring the respondents as per the Rules.

Issue for consideration

Whether the High Court ought to interfere with the Administrative Tribunal order allowing Original Applications challenging the transfer of Police Officers from Crime Branch to General Duty. +2 more

Detailed headnote1 paragraphs

The petition challenging the transfer of Police Officers from Crime Branch to General Duty was dismissed as stale. The Court clarified that a finding that officers were not connected with General Elections does not bar the State Government from transferring them in accordance with applicable rules.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

1

ASWP-5868-2011

srk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.5868 OF 2011

The State of Maharashtra & anr. ...Petitioners

Versus

Shri Sunil Deorao Deshmukh and anr.

...Respondents

Mr.A.B.Vagyani, AGP for petitioner.

Mr.Sanjay Kshirsagar for respondent nos.1 and 2.

CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ.

P.C.

1. This petition has been filed by the State Government challenging

the common order passed by the Maharashtra Administrative Tribunal on

2/3/2010 and thereby allowing Original Application Nos.985 and 1071 of

2

ASWP-5868-2011

Both the respondents holding the post of Police Inspector came to be transferred from Crime Branch, Pune to Nagpur as per the orders dated 28/7/2009 passed by petitioner no.2. While allowing the Original Applications the Tribunal has set aside the said orders holding that the respondents were not connected directly or indirectly with the General Elections that were held in the year 2009.

It is apparent from the impugned order that the respondents were transferred from Pune on the ground that they had completed more than three years of tenure and as of now they have completed more than five years tenure at the same place. Nothing stopped the State Government from including the names of the respondents – Police Officers in the general transfer orders issued in May-June 2010 as well as May-June 2011.

So far as the challenge to the impugned order is concerned, we do not find any substance in the same and in any case as of now the said challenge has become stale.

The petition is rejected summarily and it is clarified that the

3

ASWP-5868-2011

petitioners are not prevented from transferring the respondents – Police

Officers as per the Rules.

(SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the High Court ought to interfere with the Administrative Tribunal order allowing Original Applications challenging the transfer of Police Officers from Crime Branch to General Duty.
2.
Whether the challenge to the impugned order of the Tribunal has become stale.
3.
Whether the State Government is prevented from transferring the Respondents-Police Officers as per Rules.

Statutes considered

2 provisions across 2 enactments

AI extract

General Elections, 2009General Elections, 2009
Transfer orders dated 28/7/2009Transfer orders dated 28/7/2009

Parties & counsel

AI extract

petitioner
The State of Maharashtra
respondent
Shri Sunil Deorao Deshmukh

Coram

AI extract

B. H. MARLAPALLE
NISHITA MHATRE

Case details

As recorded by the court registry

Court: Bombay HC
Decided on: 26 Sept 2011 · September
Registered: 27 Jul 2011
Case no.: WP/5868/2011
CNR: HCBM010169042011
Topic: Service and Employment
Bench: Nishita Mhatre B.h. Marlapalle
Disposal: Rejected

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Cite this judgement

State of Maharashtra and Anr. v. Sunil Deorao Deshmukh, and Anr., WP/5868/2011 (BOM), decided on 26 September 2011.

The Bombay High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

General Elections, 2009General Elections, 2009
Transfer orders dated 28/7/2009Transfer orders dated 28/7/2009

View all statutes

Bench / Coram

B. H. MARLAPALLE and NISHITA MHATRE

Parties & counsel