1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2055 OF 2010 Smt. Nanda Jayant Sane .. PETITIONER VERSUS The President Abhay Yuva Kalyan Kendra Dhule & others .. RESPONDENTS Mr. Shrikant Patil, Advocate for the petitioner. Mr. S.T. Kazi, Advocate for respondent no. 2. ===== CORAM : R. M. BORDE, J. DATE : 15 th MARCH, 2010. PER COURT : 1 Order passed by the District Judge -2, Dhule reversing the order passed by the trial court while entertaining Misc. Civil Appeal No. 29/2009 is subject matter of challenge in this petition. 2 Petitioner is a teacher serving with the respondent aided institution. 2 Grievance set out is in respect of transfer of an employee from one place to another on the ground that the order impugned is passed with malafide intention. In the pending suit, application was presented by the petitioner claiming an order of injunction restraining the management from giving effect to the order of transfer. Trial court granted application and restrained the management from giving effect to the order of transfer issued by the management. Defendant / management presented miscellaneous civil appeal raising challenge to the order passed by the trial court which came to be allowed by the first appellate court. It cannot be said that the management lacks power of effecting transfer of an employee. So far as the malafides alleged by the employee is concerned, it is a matter of consideration afterrecording of evidence by the trial court. Considering the nature of proceeding and considering the fact that the order of transfer of an employee effected by the management being the subject matter of challenge in the petition, I am of the opinion that no interference is called for in the instant petition in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition therefore stands rejected. Trial court is directed to expeditiously dispose of pending suit preferably within a period of six months from today. 3 3 In view of dismissal of petition, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/wp2055.10.odt