1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 5452/2008 (admakar Vishwanath Malhe vs. Mah.Administrative Tribunal and others) ----------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 12th January, 2009. *** 1. Heard Mr M M Sudame, learned counsel for petitioner and Mr. G K Bhusari, for Respondent No. 5. 2. This Writ Petition is directed against the order dated 17.12.2008 passed by the Maharashtra Administrative Tribunal whereby, the Original Application filed by Respondent No.5 against the order of transfer came to be allowed. 3. Considered the contentions canvassed by the respective counsel and perused the impugned order passed. Perusal of the impugned order shows that the authorities while transferring the Respondent no.5 before completion of the normal period of tenure are required to obtain prior permission/approval of the next higher authority in view of provisions of Section 4 (5) of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. This procedure 2 admittedly was not followed by the repsondents- authorities. 4. In that view of the matter, no case is made out for showing indulgence. Writ Petition is dismissed. JUDGE JUDGE sahare