1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5908 OF 2009 Bhagwan s/o Laxmanrao Bhayekar ... Petitioner. Versus The State of Maharashtra & Others. ... Respondents. -------- Shri. S.D. Joshi, Advocate for petitioner. Shri. S.K. Tambe, Assistant Government Pleader, for the respondent Nos.1 to 4. -------- CORAM: NARESH H PATIL & K.U. CHANDIWAL,JJ. DATE: 7th NOVEMBER 2009 PER COURT : 1) Heard. 2) The learned counsel for the petitioner states that the Tribunal committed error in rejecting the Original Application on the ground that the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention 2 of Delay in Discharge of Official Duties Act, 2005 (“the Act”) are not observed by the transferring authority. The petitioner was not issued any show cause notice nor any inquiry was conducted for the alleged misconduct of the petitioner. The counsel placed reliance on a judgment dated 16-10-2009 of a Division Bench of the High Court in Writ Petition No.5652 of 2009. According to the counsel the provisions of Section 4 of the Act are mandatory in nature. 3) The respondent Nos.2 to 4 have filed affidavit-in-reply. We have perused th reply and considered the submissions advanced by the learned counsel for the parties. The Tribunal has considered the issues raised by the petitioner. In para 8 of the order the Tribunal referred to the pleadings of the respondents in relation to record made available and the reports submitted regarding the activities of the petitioner were also perused by the Tribunal. 3 4) Considering the adverse reports the authorities decided to transfer the petitioner after completion of 3 years period from Purna to Yeldari which is 130 Kms away in the same district of Parbhani. 5) Considering the material placed on record and the view adopted by the Tribunal we do not find that any apparent error is committed by the Tribunal for causing interference by this Court in exercise of writ jurisdiction under Article 226 of the Constitution. 6) The writ petition is dismissed. (K.U. CHANDIWAL, J.) (NARESH H PATIL, J.) rsl/ wp.5405.09