1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION No.2732/2011 ( Vijayanand Mahadeo Kolwate .vs. State of Maharashtra and another. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JULY 19, 2011 Heard Advocate Shri I.N. Choudhari for petitioner. Rejoinder filed by him is taken on record. Heard learned AGP Shri J.B. Jaiswal for respondent no. 1 ,Advocate Shri P.S. Khubalkar for respondent no.2 and Advocate Shri Anand Parchure for respondent no.3. Challenge is to order of transfer dated 4.6.2011 by which the petitioner has been transferred from Khurshipar Mine to Dongargaon Mine i.e. from district Gondia to district Chandrapur. Shri Choudhari points out that immediately after joining duties, in November, 2009 petitioner was transferred earlier from Khurshipar Mine to Dongargaon Mine. On 30.12.2010 he was transferred back from Dongargaon Mine to Khurshipar Mine and again by impugned order he has been sent to Dongargaon Mine. Thus frequent transfers, according to him, are mala fides. It is further stated that person coming in his place namely respondent no.3 is a Class II Officer and he has been directed to hand over 2 charge to mine-mate. The petitioner upon joining at Dongargaon Mine, has been directed to accept charge of respondent no.3. According to him all these facts clearly show the malice in the matter. He points out that transfer of respondent no.3 is on his request. Respective counsel for respondents opposed the petition contending that transfer is on administrative ground. Perusal of the impugned order itself reveals the facts which Advocate Shri Chaudhari has argued. However, the petitioner has not alleged any mala fides. Frequent transfers by itself cannot be viewed as mala fides in absence of any special facts. It appears that respondent no.3 had requested for his transfer to Khurshipar Mine and that request has been granted by the Management. No mala fides even in this respect are pointed out. How to relieve respondent no.3 is within the powers of Management and those orders have been accordingly passed and appropriate arrangement has been made. Employer need not establish his bona fides and it is for petitioner to prove its absence. No legal right of petitioner is even alleged to be affected thereby. As we do not see any mala fides in the matter, writ petition is not entertained. Rejected. JUDGE JUDGE halwai