DR. NAGORAO SHIVAJI CHAVAN versus DR. SUNIL PURUSHOTTAM BHAMRE & ORS.

DR. NAGORAO SHIVAJI CHAVAN versus DR. SUNIL PURUSHOTTAM BHAMRE & ORS.

Though normal tenure is three years, departure is permissible in administrative exigencies; allegations of financial irregularity and insubordination against respondent No.1 justified transfer before completion of tenure. No absolute bar exists under the Act to such transfer.

Parties
Appellant: Dr. Nagorao Shivaji Chavan; Respondent No.1: Dr. Sunil Purushottam Bhamre; Respondent: Sunil Kumar Verma; Respondent's Advocate: Ms. Deepa M. Kulkarni; Respondent's Advocate: Nishant R. Katneshwarkar
Jurisdiction
India
Judgment Date
15 November 2018
Procedural Posture
Civil Appeal / Supreme Court Final Disposition
Outcome
Appeal allowed.
Legal Topics
Transfer of Government Servants, Tenure of Posting, Administrative Exigency
Service Law Transfer of Government Servants Tenure of Posting Administrative Exigency

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Parties

Dr. Nagorao Shivaji Chavan

Appellant

Dr. Sunil Purushottam Bhamre

Respondent No.1

Sunil Kumar Verma

Respondent

Ms. Deepa M. Kulkarni

Respondent's Advocate

Nishant R. Katneshwarkar

Respondent's Advocate

Procedural Posture

Civil Appeal / Supreme Court Final Disposition

Legal Issues

  1. 1 Whether transfer prior to completion of three years' tenure violates Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005
  2. 2 Whether administrative exigencies justify departure from prescribed tenure
  3. 3 Whether allegations of financial irregularities provide sufficient grounds for transfer

Ratio Decidendi

Though normal tenure is three years, departure is permissible in administrative exigencies; allegations of financial irregularity and insubordination against respondent No.1 justified transfer before completion of tenure. No absolute bar exists under the Act to such transfer.

Court Disposition

Appeal allowed.

Orders

  • Orders of the Tribunal and High Court set aside.
  • Respondent No.1 must join Mumbai within 15 days or face disciplinary proceedings.