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Civil · Reportable judgment

Dr. Nagorao Shivaji Chavan vs Dr. Sunil Purushottam Bhamre & Ors.

Court
Supreme Court of India
Date
15 November 2018
Case No.
Civil Appeal No. 10991 of 2018
Result
Allowed
Bench
Arun Mishra, Vineet Saran
Citation
[2018] 14 S.C.R. 380 : 2018 INSC 1062
Supreme Court Reports [2018] 14 S.C.R. 380 : 2018 INSC 1062
Headnote

Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 – ss.3, 4 – Respondent No.1 posted as Civil Surgeon, Jalgaon transferred as Asstt. Director, AIDS Control Society, Wadala, Mumbai – By the same order, the Appellant was transferred in his place to take over as Civil Surgeon, Jalgaon – Transfer Order questioned on the ground of violation of statutory provisions prescribing normal tenure of three years – Held: s.3, 2005 Act provides that for All India Service Officers and all Groups, A, B and C State Government Servants or employees, normal tenure in a post shall be three years – However, it is open in s.4, 2005 Act to make a departure from the said normal tenure and the expression used in the said section is that no Government servant shall ‘ordinarily’ be transferred unless he has completed his tenure of posting as provided in s.3 – Thus, on a conjoint reading of ss.3 and 4 it is apparent that though the normal tenure is 3 years but in administrative exigencies a transfer is still permissible – There is no total embargo – In view of the facts that inter alia allegations of financial irregularities were found to be substantiated against Respondent No.1, it was absolutely proper not to retain him as Civil Surgeon, Jalgaon – There was sufficient administrative ground to transfer him from Jalgaon to Mumbai – In the facts and circumstances of the case and also considering the past record of Respondent No.1 of not joining the place where he was transferred for five years, no interference with the order of transfer is called for – Service Law.

B. Varadha Rao v. State of Karnataka & Ors. (1986) 4 SCC 131 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The following Order of the Court was passed : ORDER 1. Leave granted. 2. It is a case where we find that Respondent No.1 was transferred from the post of Civil Surgeon, Jalgaon vide order dated 05.08.2017, as Assistant Director, AIDS Control Society, Wadala, Mumbai. By the same order, the Appellant had been transferred to the post of District Civil Surgeon, General Hospital, Jalgaon. 67 other doctors were also transferred on administrative grounds from one place to another. 3. Respondent No.1 had been appointed as Medical Superintendent, Ghoti District, Nasik, in September, 1996 and remain
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