HIGH COURT OF BOMBAY

Dattatraya R. Karale vs Shekhar Balasaheb Genbhau And Others

Writ Petition No 3717 of 2024 On 20 March 2024


Hon'ble Judges: Devendra Kumar Upadhyaya, Arif S. Doctor

Case Type: Writ Petition

Final Decision: 

Advocates: Veerendra Tulzapurkar, Divya R. Shetty, Ashutosh Kumbhakoni, Rahul Walia, Vishwajeet V. Mohite, Dr. Birendra B. Saraf, P. P. Kakade, B. V. Samant, G. R. Raghuwanshi


Citations: 
2024 0 CJ(Bom) 263


ACTS REFERRED: 
Constitution of India, Article 324
Constitution of India, Article 226



Judgement Text

1. Rule.

Rule is made returnable forthwith. Learned counsel for the parties have consented to take up this writ petition for final hearing as the pleadings of the respective parties before the Central Administrative Tribunal, Mumbai Bench, Mumbai (hereafter referred to as 'the Tribunal') are available on record of this writ petition as well.

2. Heard Mr. Tulzapurkar, learned senior counsel representing the petitioner, Dr. Birendra Saraf, learned Advocate General representing the State-respondents and Mr. Kumbhakoni, learned senior counsel representing respondent no. 1 and perused the record available before us on this writ petition.

3. This petition filed under Article 226 of the Constitution of India seeks to assail the judgment and order dated 4th March 2024 passed by the Tribunal in Original Application No. 111 of 2024, whereby the order dated 31st January 2024 transferring the petitioner from Thane to Nashik has been set aside and further, a direction has been issued to post the respondent no. 1 as Special Inspector General of Police, Nashik Range, Nashik.

4. Certain facts, which are necessary for proper adjudication of the controversy involved in this petition, which lie in narrow compass, need to be noticed.

5. By means of an order dated 31st January 2024, the petitioner was transferred from the post of Joint Commissioner of Police, Thane





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