DR. NAGORAO SHIVAJI CHAVAN versus DR. SUNIL PURUSHOTTAM BHAMRE & ORS.

Citation: [2018] 14 S.C.R. 380 · Decided: 15-11-2018 · Supreme Court of India · Bench: ARUN MISHRA, VINEET SARAN · Disposal: Leave Granted & Allowed
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Judgment (excerpt)

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380                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
DR. NAGORAO SHIVAJI CHAVAN
v.
DR. SUNIL PURUSHOTTAM BHAMRE & ORS.
(Civil Appeal No. 10991 of 2018)
NOVEMBER 15, 2018
[ARUN MISHRA AND VINEET SARAN, JJ.]
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.
[2018] 14 S.C.R. 380
380
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381
Case Law Reference
(1986) 4 SCC 131
referred to
Para 10
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 10991
of 2018.
From the Judgment and Order dated 05.09.2018 of the High Court
of Judicature at Bombay, Bench at Aurangabad in Writ Petition
No. 1554 of 2018.
Pravin Satale, Rajiv Shankar Dvivedi Advs. for the Appellant.
Sanjay Kharde, Samrat Shinde, Saju Jakob for Sunil Kumar Verma,
Ms. Deepa M. Kulkarni,  Nishant R. Katneshwarkar,, Advs. for the
Respondents.
The following Order of the Court was passed :
O R D E R
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 remained
there till July, 2002.  In July, 2002, he was transferred from Ghoti to
Nasik as a proper Medical Officer, where he worked till 13.06.2005.
Vide order dated 13.06.2005, Respondent No.1 was transferred from
Nasik to Jahwar tribal place in Thane District, but he did not join at the
place where he was transferred for five years and 20 days.  Again, he
obtained his posting back to District Hospital, Nasik vide order dated
03.07.2010 and remained posted at Nasik till 03.03.2014.  Thereafter, on
05.03.2014, Respondent No.1 was transferred from District Hospital,
Nasik, to District Civil Hospital, Dhule, as Civil Surgeon.
4. On 16.08.2016, Respondent No.1 was transferred from Dhule
to Jalgaon, and as a Civil Surgeon he joined there.
DR. NAGORAO SHIVAJI CHAVAN v.
DR. SUNIL PURUSHOTTAM BHAMRE & ORS.
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382                    SUPREME COURT REPORTS            [2018] 14 S.C.R.
5. There are various allegations made as to his functioning.
However, what is significant is that Chief Executive Officer, Jalgaon,
wrote a letter to the Commissioner, Health Services and Director National
Health Mission, Mumbai, pointing out the financial irregularities, acts of
omission and commission committed by Respondent No.1 while he was
discharging his duties as Civil Surgeon, Jalgaon.  On 05.06.2017, a
Committee was constituted to look into the conduct of Respondent No.1.
The Enquiry Committee found a prima facie case agains
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