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