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.