1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3696 OF 2008 PETITION NO.3696 OF 2008 PETITION NO.3696 OF 2008 Smt.Leelavati Bhaurao Kapadnis : Petitioner versus The State of Maharashtra & ors. : Respondents. Mr.V.Y.Jadhav for the petitioner. Mrs.M.P.Thakur, AGP, for the State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & S.S.SHINDE, S.S.SHINDE, S.S.SHINDE, JJ., JJ., JJ., DATED DATED DATED : JUNE 12, 2008. : JUNE 12, 2008. : JUNE 12, 2008. P.C. P.C. P.C. 1. This writ petition is filed by the petitioner challenging the order passed by the Maharashtra Administrative Tribunal, Mumbai dismissing the Original Application No.634 of 2007. This is a case of the petitioner who is taking the employer as well as the judicial system for a ride. She was appointed as a Warden and was posted at Scheduled Tribe Girls’ 2 Hostel, Satana, Nasik in December 1998. After eight years of her working at Satana, she was transferred on 30.5.2006 to Dhadgaon, Tal.Akkalkua, Dist.Nandurbar. On 24.6.2006 she requested the respondents for cancellation or modification of the transfer order on the ground that as per Government’s Transfer Policy, an employee and the spouse should as far as possible be posted at one place. On 26.6.2006 she was asked to hand over the charge to Smt.Deore, Junior Clerk working at Girls’ Hostel, Satana. However she declined and did not hand over the charge on the ground that nobody was prepared to take charge from her. Thereafter on 16.8.2006 an order-cum-letter was issued by Respondent No.3 to her alleging that the petitioner was not deliberately handing over the charge and was informed that she should immediately hand over the charge. She did not do so. Then she was suspended on 30.8.2006. On 7.9.2006 she received a show cause notice directing her to explain six charges framed against her in the charge sheet. On 14.9.2006 she gave a detailed reply and informed by her letter dated 20.9.2006 Respondent NO.4 that no one is willing to accept the charge so she cannot leave the hostel where 80 tribal girls are residing. On 28.9.2006 she was directed to hand over the charge to Smt.Bhoye. 3 2. On receiving charge sheet and suspension order, the petitioner filed O.A.528/2006 before the tribunal. The tribunal directed the Disciplinary/Suspending authority to consider and decide the representation made by the petitioner on merits. Respondent No.2 was very lenient with the petitioner and cancelled the transfer order dated 30.5.2006 and also the suspension order dated 30.8.2006. She was reinstated and posted at Scheduled Tribe Girls’ Hostel, Taloda, Dist.Nandurbar. Again, the petitioner started a new fight. She did not leave Satana and till date she has not joined her services at the place where she was posted after reinstatement. 3. The tribunal found that the present application was only filed on the ground that the petitioner had her personal problems and could not go to any other place than Satana. That her two daughter are studying at Satana. 4. The law is well settled in this matter that the transfer is exigency of service and no other ground other than malafide are usually accepted by the courts to intervene in the order of transfer. Today the only ground agitated before this Court by the 4 petitioner was that even till date nobody has taken the charge from her, although she is under suspension. This argument is devoid of merit and against the facts as pleaded in the O.A. filed by the petitioner herself. She has stated in para 6.23 that the charge is already with the primary teacher Mrs.S.S.Dabhade. This petition is misconceived and is accordingly dismissed with costs of Rs.2,000/-. The respondents are directed to look into the matter and ensure that proper action is taken in the matter in accordance with law. [BILAL [BILAL [BILAL NAZKI, J] NAZKI, J] NAZKI, J] [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]