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In the Maharashtra Administrative Tribunal Mumbai

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In the Maharashtra Administrative Tribunal Mumbai (G.C.P.) J 2737 (50,000-4-2019) ISO.- MAT-F-2 E. IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI M.A./R.A./C.A. No. of 20 I N Original Application No. of 20 FARAD CONTINUATION SHEET No. Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders Date: 21.05.2021 O.A. No.298 of 2021 to O.A. No.303 of 2021 B.P. Patade P.I. Gurav V.P. Khot N.P. Shinde A.Y. Date S.V. Satardekar Applicant Versus The State of Maharashtra & Ors. Respondents. 1. Heard Shri R.M. Kolge, learned Advocate for the Applicant, Shri A.J. Chougule, learned Presenting Officer for the Respondents In O.A. No.298/21, 299/21 & 300/21 and Smt. K.S. Gaikwad, learned Presenting Officer for the Respondents in O.A. No.301/21, 302/21 & 303/21. 2. The Applicant in O.A. No.298/2021 is a Talathi and working at Village Sonage, Taluka Kagal, Dist. Kolhapur and he his transferred by order dated 08.04.2021 to Village Kasarputale, Radhanagari, Dist. Kolhapur in place of Asha Date who is Applicant in O.A. No. 302/2021 and Asha Date was transferred by the same order at Village Sonage, Taluka Kagal, Dist. Kolhapur. The Applicant was relieved on 15.04.2021 and he joined on 16.04.2021 and started functioning. The order was issued by Respondent No.2 — Sub- Divisional Officer. Thereafter order dated 12.05.2021 was issued by Respondent No.3 - Residential Dy. Collector, Kolhapur. 3. Shri R.M. Kolge, learned Advocate for the Applicant submits that this is a mutual transfer and the Applicant has completed three years and though they being Class-III employees, their tenure is two terms i.e six years. However after completion of one term they can seek transfer where they want to go. The learned Counsel further submits that the Applicant has joined accordingly at the place they were transferred by order 08.04.2021. However, the Applicant B.P. P[Me is pressurized by the higher authority and therefore he 2 Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal' s orders directions and Registrar's orders had to leave the charge of Village Sonage, Taluka Kagal, Dist. Kolhapur, but he has come back. However, Smt. Asha Date is serving at Kolhapur, and therefore, two person are working at same post. 4. Shri A.J. Chougule, learned Counsel submits that the Applicant Smt. Asha Date has completed only two years and eleven months. C.S.B. was not established and Respondent No.2 — S.D.O. without constitution of C.S.B. had transferred both the Applicant. 5. Shri A.J. Chougule further submits that when Respondent No.3 came across this illegalities in the earlier transfer order he cancelled the earlier order by order dated 12.05.2021. 6. Shri R.M. Kolge, relies on the order of completion of the earlier transfer order and submits that there were eleven illegalities in the order were proper procedure were not followed. The transfer was made without following of C.S.B., no preference was called after. Ten preferences are also not called from the Applicants. 7. After going through the order it is ex -facie that earlier order on 08.04.2021 was passed without taking into consideration the compliances under the ROTA. Hence the earlier order appear prima-facie illegal. Prima-facie it cannot be continued. 8. No interim relief is granted at this stage. 9. However, detail Affidavit of Respondent No. 2 - Ram Hari Bhosle as to why he has passed earlier order and why he did not follow the necessary procedure under ROTA, is required to be filed on next date. 10. S.O. to 09.06.2021. (Mridula R. Bhatkar, J.) Chairperson NMN ISO.- MAT-F-2 E. G.C.P. J 2737 (50,000-4-2019) IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI M.A./R.A./C.A. No. of 20 IN Original Application No. of 20 FARAD CONTINUATION SHEET No. Office Notes, Office Memoranda of Coram, • Tribunal' s orders Appearance, Tribunal's orders or directions and Registrar's orders Date : 21.05.2021 O.A.No.277 of 2021 with 0.A.No.279 of 2021 with O.A.No.280 of 2021 with 0.A.No.281 of 2021 with O.A.No.282 of 2021 with 0.A.No.283 of 2021 with O.A.No.304 of 2021 with 0 .A.No.306 of 2021 with O.A.No.307 of 2021 0.A.277/2021 (A.M. Sapkal) G.A.279/ 2021 (A.D. Ghuge) 0.A.280/2021 (A.A. Gaikwad) 0.A.281 / 2021 (M.G. Mundhe) 0.A.282/2021 (A.S. Auti) 6.A.283/2021 (T.B. Suryawanshi) 0.A.304/2021 (G.N. Kamble) 0.A.306/2021 (P.J. Pawar) 0.A.307/2021 (B.A. Shelke) ... Applicant Vs. The State of Maharashtra & Ors ... Respondents L. Heard Shri V.P. Sangvikar, learned Advocate for he Applicants in O.A.Nos.277, 279, 280, 281, 282, 283, 306 & 307, Smt. Punam Mahajan, learned Advocate for he Applicant in O.A.No.304/2021 and Ms. S.P. ,Vlanchekar, learned Chief Presenting Officer for the "Respondents. 2. Shri Sachin Mathane, Secretary of Vidarbha Dowerlifting Association submits that Shri Pramod Wagh Vlandre is the President of Vidarbha Powerlifting Association. Mr. Mathane discloses that he has been -eported about the proceedings of these Original Applications, by Applicant in 0.A.277 of 2021, Shri Ashok Sapkal, who stays at Pune and working at Mira - Jhayandar. 3. Today, Mr. Sachin Mathane has filed a set of locuments of 8 papers on the application dated 21.05.2021. He is given the application and has nentioned that the Tribunal should not point out the :aults in the working of the Vidarbha Powerlifting association and they follow all the rules and regulations in respect of conducting the games on the basis ofpm. fif.11 of ( .:1 ■ ;ors Tribunal' s orders record, therefore Tribunal not to comment adversely against the association. In the application it is also mentioned that one of the Members of the Tribunal has expressed assertively that this Vidarbha Powerlifting Association has issued bogus certificates and they are underground and the office bearers of these are underground. It is taken on record. 4. The affidavit-cum-statement of this effect of Mr. Mathane is taken on record. In this statement, he says, this application was prepared by Advocate Shri Sangvikar and he signed on it. Advocate Shri Sangvikar expressed his profound apology for the same (Exhibi-2). The set of the documents is marked Exhibit-1. May that as it be, we do not want to stretch the issue further. Application is marked as Exhibit-2 and the Statement is marked as Exhibit-3. 5. The learned C.P.O. submits that there are many facts and many details in respect of the enquiry conducted by the Deputy Director, Sports, Pune, though only now the reference numbers are mentioned in the main order, in order to avoid the repetition she submits that she would like to submit the affidavit before hearing on interim prayer. She seeks time till 02.06.2021 to file short affidavit for interim. The copy of the said affidavit is to be furnished on email to all the Counsel in this matter till 01.06.2021 by 12.00 noon. 6. Affidavit of service filed by learned Advocate Shri Sangvikar is taken on record. 7. Adjourned to 02.06.2021 for hearing on interim on 02.06.2021 at 11.00 a.m. / (Mridula Bhatkar, J.) Vice-Chairman (A) Chairperson prk (G.C.P.) J 2737 (50,000-4-2019) ISpI.- MAT-F-2 E. IN THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL MUMBAI M.A./R.A./C.A. No. of 20 IN Original Application No. of 20 FARAD CONTINUATION SHEET No. Office Notes, Office Memoranda of Coram, Appearance, Tribunal's orders or Tribunal's orders directions and Registrar's orders 21.05.2021 O.A 291/2021 Shri S.L Kanase ... Applicant Vs. —he State of Maharashtra & Ors ... Respondents Heard Shri U.V Bhosle, learned advocate for the applicant and Shri A.J Chougule, learned P.O for the Respondents. 2. The applicant, Talathi who has faced departmental enquiry for the offences punishable under Prevention of Corruption Act and other irregularities challenges the order dated 11.12.2019, passed by the Respondent no. 3, S.D.O, Kadegaon, Dist-Sangli and also challenged the order dated 20.1.2021, passed by Respondent no. 2, the Collector, Sangli. Issue notice returnable on 2.7 2021. z Applicant is authorized and directed to serve on Respondents intimation/notice of date of hearing duly uthenticated by Registry, along with complete paper book of O.A. Private service is allowed in view of this present COVID-19 Pandemic situation. Respondents are put to notice that the case may be taken up for final d isposal at the stage of admission hearing. This intimation/notice is ordered under Rule 11 of tie Maharashtra Administrative Tribunal (Procedure) Rules, 1988, and the questions such as limitation and alternate remedy are kept open. 6. The service may be done by hand delivery/ speed post/courier and acknowledgement be obtained and produced along with affidavit of compliance in the F egistry within one week before returnable date or on the same date. Applicant is directed to file affidavit of c Dmpliance and notice.
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