Maharashtra Administrative Tribunal (MAT) has set aside abrupt and mid-term transfers of 13 revenue officers including Sub-Divisional Officer (Deputy Collectors), Tehsildars, Assistant Foodgrains Distribution Officers and has directed the State Government to give them their original posting within three weeks.

 

MAT bench headed by Member (Judicial) Anand Karanjkar held that the officers were transferred abruptly without any special reasons and without there being any exceptional circumstances.

 

In fact, these transfers were effected only for “convenient posting to the private respondents (officers posted in place of transferred officers) disregarding opinion of the Department and the Civil Services Board,” the MAT observed.

The MAT dubbed all 13 transfers as legally untenable and quashed them while directing the State to issue posting orders within three weeks on the post held by them before the transfer order dated October 1.

 

The transferred officers claimed that their normal tenure was not over and their transfer was not recommended by their department or by the Civil Services Board. The orders were issued in violation of Section 4(4) and (5) of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, the applicant officers claimed.

 

The MAT also rejected contention that just because some officers were relieved and their successors took charge, the impugned order could not be set aside. While the process of obtaining approval from Revenue Minister and even Chief Minister was completed, no special reason or exceptional circumstances were recorded to justify the mid-term transfer of applicant officers, the MAT observed.

 

Adv D M Kakani and Adv G K Bhusari appeared for the applicants. Presenting Officer Adv Anant M Ghogre represented the State. Adv G N Khanzode, Adv S N Gaikwad, Adv Mohan and Akshay Sudame represented respondent officers.