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november 2018

Supreme Court of India · 2018-11-15

DR. NAGORAO SHIVAJI CHAVAN vs DR. SUNIL PURUSHOTTAM BHAMRE

Citation / case number
SC 2018/34913
Court
Supreme Court of India
Petitioner
DR. NAGORAO SHIVAJI CHAVAN
Respondent
DR. SUNIL PURUSHOTTAM BHAMRE
Author
VINEET SARAN ARUN MISHRA
Bench
HON'BLE MR. JUSTICE VINEET SARAN HON'BLE MR. JUSTICE ARUN MISHRA

Judgment text excerpt

The Supreme Court held that the transfer of Respondent No.1 from Jalgaon to Mumbai violated the provisions of the Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005, specifically Sections 3 and 4, which prescribe a normal tenure of three years for government servants. The Court found that both the Maharashtra Administrative Tribunal and the High Court erred in their interpretation of these statutory provisions. Consequently, the Court upheld the Tribunal's decision to annul the transfer order, emphasizing adherence to statutory tenure requirements.

DR. NAGORAO SHIVAJI CHAVAN vs DR. SUNIL PURUSHOTTAM BHAMRE · Niyam