: 1 : wp-2716-11=.doc USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2716 OF 2011 The Director General of Police .. Petitioner v/s. Shri Ravindra Manikrao Rasal .. Respondent ......... Mr. A.B. Vagyani, AGP for the petitioner Mr. N.V. Bandiwadekar for the respondent ......... CORAM : A.M. KHANWILKAR & R.Y.GANOO, JJ. DATE : 30th JUNE 2011. P.C. : 1. We have heard learned Counsel for the parties at length. In view of the tentative opinion expressed during the course of the hearing, Counsel for the respondent on instructions of the respondent, who is present in the Court, requested that the Court may not record any reasons while setting aside the impugned decision of the Tribunal dated 3rd August, 2010 in Original Application No.536 of 2010. He further submits that the respondent shall immediately report to the transferred post at Tasgaon, Dist. Sangli in terms of order dated 21st May, 2010, but may be given an opportunity to make representation to the appropriate : 2 : wp-2716-11=.doc Authority, who may consider the same on its own merits in accordance with law. 2. Learned AGP on instructions states that the Department will consider the proposed representation to be made by the respondent on its own merits and uninfluenced by the outcome of the present petition. 3. We accordingly, proceed to pass following order :- (a) The impugned order dated 3rd August, 2010 passed by the Maharashtra Administrative Tribunal in Original Application No. 536 of 2010 is quashed and set aside. Instead, the Original Application No.536 of 2010 filed by the respondent before the Tribunal is dismissed. (b) In view of this order, the posting order issued by the Department dated 17th August, 2010 pursuant to the impugned order of the Tribunal stands recalled forthwith by the Department. As a result, the respondent may have to report to the post of Police Inspector at Police Training School, Tasgaon, Dist. Sangli. The respondent would be at liberty to make representation after forthwith reporting to the transferred post at Tasgaon, Dist. Sangli : 3 : wp-2716-11=.doc after complying the necessary formalities, which representation will be considered by the Department on its own merits in accordance with law. (c) The respondent to make such representation within one week from the date of joining at Tasgaon, Dist. Sangli. We hope and trust that the said representation will be decided by the appropriate Authority as expeditiously as possible. (d) Petition disposed of accordingly. (R.Y.GANOO, J.) (A.M. KHANWILKAR, J.)