Statutory requirement of mid term Transfer of government servant
We are satisfied in the case in hand that there was
non-observance of the statutory requirements of the Act.
The mid-term or pre-mature special transfer has to be
strictly according to law, by a reasoned order in writing and
after the due and prior approval from the competent
transferring authority concerned for effecting such special
transfer under the Act. The exercise of exceptional statutory
power has to be transparent, reasonable and rational to
serve objectives of the Act, as far as possible, in public
interest. Mandatory requirements of the provision under
Section 4(5) of the Act cannot be ignored or bye-passed.
The exceptional reasons for the special mid-term or premature transfer ought to have been stated in writing.
Vague, hazy and meager expression such as “on
administrative ground” cannot be a compliance to be
considered apt and judicious enough in the face of
mandatory statutory requirements.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5465 OF 2012
Kishor Shridharrao Mhaske
Versus
1. Maharashtra OBC Finance &
Development Corporation,
CORAM: A.S. OKA &
A.P.BHANGALE, JJ.
JUDGMENT PRONOUNCED : 7th MARCH, 2013.
non-observance of the statutory requirements of the Act.
The mid-term or pre-mature special transfer has to be
strictly according to law, by a reasoned order in writing and
after the due and prior approval from the competent
transferring authority concerned for effecting such special
transfer under the Act. The exercise of exceptional statutory
power has to be transparent, reasonable and rational to
serve objectives of the Act, as far as possible, in public
interest. Mandatory requirements of the provision under
Section 4(5) of the Act cannot be ignored or bye-passed.
The exceptional reasons for the special mid-term or premature transfer ought to have been stated in writing.
Vague, hazy and meager expression such as “on
administrative ground” cannot be a compliance to be
considered apt and judicious enough in the face of
mandatory statutory requirements.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5465 OF 2012
Kishor Shridharrao Mhaske
Versus
1. Maharashtra OBC Finance &
Development Corporation,
CORAM: A.S. OKA &
A.P.BHANGALE, JJ.
JUDGMENT PRONOUNCED : 7th MARCH, 2013.
https://www.lawweb.in/2013/06/statutory-requirement-of-mid-term.html
