1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR W.P.No.322 of 2008 (Prakash Shivnarayan Sharma .vs. State of Mah. & Ors.) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.Sinha and Smt. Vasanti A. Naik, JJ. DATE : 29.04.2008. Heard Mr. F.T.Mirza, Adv. for the Petitioner, Mr.N.W.Sambre, Government Pleader for the Respondent Nos. 1 to 4 and Mr.S.V.Bhutada, Adv. for the Respondent No.5. This Writ Petition is directed against the order dt.19.12.2007 whereby the Original Application filed by the petitioner against the order of transfer dt. 14.9.2007 came to be rejected. Counsel for the petitioner has submitted that the order of transfer issued by the Respondent No.1 is inconsistent with the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, particularly, Section 5 of the said Act. It is contended that the impugned order of transfer is passed in order to accommodate the respondent No.5 and therefore, it is mala fide. Similarly, it is further contended that, the order of transfer is passed in the mid-term and no reasons are given for effecting transfer, hence, on this count also, the 2 order of transfer cannot sustain. It is further contended that the Maharashtra Administrative Tribunal did not correctly consider the issue and therefore, the petitioner has filed present Writ Petition challenging validity of the impugned order of transfer. In the instant case, the petitioner was working as a Food Grain Distribution Officer-I at Nagpur and is posted within the City itself by the impugned order of transfer on the post of Deputy Collector (Protocol), Nagpur, we do not propose to show indulgence. Hence, the Writ Petition is disposed of. However, it is open for the petitioner to approach the State Government in this regard. The impugned order shall not come in the way of the State Government if it wants to re-consider the grievance of the petitioner. JUDGE JUDGE ssj