1 ASWP-5868-2011 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5868 OF 2011 The State of Maharashtra & anr. ...Petitioners Versus Shri Sunil Deorao Deshmukh and anr. ...Respondents Mr.A.B.Vagyani, AGP for petitioner. Mr.Sanjay Kshirsagar for respondent nos.1 and 2. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. September 26, 2011. P.C. 1. This petition has been filed by the State Government challenging the common order passed by the Maharashtra Administrative Tribunal on 2/3/2010 and thereby allowing Original Application Nos.985 and 1071 of 2 ASWP-5868-2011 2009. Both the respondents holding the post of Police Inspector came to be transferred from Crime Branch, Pune to Nagpur as per the orders dated 28/7/2009 passed by petitioner no.2. While allowing the Original Applications the Tribunal has set aside the said orders holding that the respondents were not connected directly or indirectly with the General Elections that were held in the year 2009. 2. It is apparent from the impugned order that the respondents were transferred from Pune on the ground that they had completed more than three years of tenure and as of now they have completed more than five years tenure at the same place. Nothing stopped the State Government from including the names of the respondents – Police Officers in the general transfer orders issued in May-June 2010 as well as May-June 2011. 3. So far as the challenge to the impugned order is concerned, we do not find any substance in the same and in any case as of now the said challenge has become stale. 4. The petition is rejected summarily and it is clarified that the 3 ASWP-5868-2011 petitioners are not prevented from transferring the respondents – Police Officers as per the Rules. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)