The Court dismissed a PIL challenging the transfer of a Director General, Home Guards to Commissioner of Police, Mumbai. It held that such departmental administrative orders are not maintainable in public interest litigation.
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.
1
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 53 OF 2019
Ketan Tirodkar … Petitioner.
V/s.
State of Maharashtra
... Respondent.
None for the Petitioner.
Mr. P.P. Kakade, GP a/w. Nisha Mehra, AGP for the State.
CORAM : PRADEEP NANDRAJOG,C.J. & N.M. JAMDAR, J.
DATE : 20 JUNE 2019.
P.C. :-
This is a Public Interest Litigation challenging the
administrative order issued by the Home Department, Government
of Maharashtra on 23 September 2015 transferring Mr. Ahmed Javed, working as Director General, Home Guards as Commissioner
of Police, Mumbai and simultaneously transferring Mr. Rakesh Maria, Commissioner of Police Mumbai as Director General, Home
Guards.
2 4. PIL 53.19.doc
challenging a departmental administrative order concerning transfers/postings of Government Servants.
the Home Department. It is not the case pleaded that the two officers are not qualified as per the extant rules to be posted where they have been posted. The Petition is dismissed.
N.M. JAMDAR, J. CHIEF JUSTICE
3 issues framed by the court
Whether a Public Interest Litigation is maintainable to challenge administrative orders transferring government servants.
Whether the relative status of the Commissioner of Police and Director General of Home Guards affects the jurisdiction of the High Court.
Whether the transfer of officers is without cause or contrary to rules of posting.
1 provisions across 1 enactments
Ketan Tirodkar
State of Maharashtra
Pradeep Nandrajog
N.M. Jamdar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
