Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 27, Cited by 0]

Central Administrative Tribunal - Mumbai

Vishwa Pansare Ips vs Home Affairs on 17 October, 2025

                                                                      1                       OA No.433/2025




                                                                      CENTRAL ADMINISTRATIVE TRIBUNAL,
                                                                           MUMBAI BENCH, MUMBAI.

                                                                                       O.A.433/2025

                                                          Dated this Friday the 17th day of October, 2025.

                                                          Coram: Hon'ble Mr.Justice M.G. Sewlikar, Member (Judicial)
                                                                 Hon'ble Mr. Shri Krishna, Member (Administrative)

                                                          Vishwa Pansare (IPS)(Son of Prakash Pansare)
                                                          Date of Birth: 08.09.1970,Age 54 years 07 months, working as:
                                                          Superintendent of Police, Buldhana (Group "A" Post)
                                                          And residing at : Matrutirth Bungalow,
                                                          S.P. Bldg Residence, Chaitanya Wadi, Near Water Tank,
                                                          Buldhana District : Buldhana, Maharashtra - 443 001,
                                                          Mobile No.: 9552593007,
                                                          Email:[email protected]                             ..Applicant.

                                                          (By Advocates Mr.R.G. Walia a/w Mr.Vishwajeet Mohite
                                                          a/w Mr.Puneet Pathak a/w Ms.Pranjali Jadhav).

                                                                                          Versus
                                                          1.    Union of India, through
                                                                Secretary, Ministry of Home Affairs,
                                                                Government of India, North Block,
                                                                New Delhi - 110001.
Hemant Anant   Digitally signed by Hemant Anant Mahabal
               Location:
                                                                Email :[email protected]
               Date: 2025.10.17 17:03:11+05'30'
  Mahabal      Foxit PDF Reader Version: 2025.2.1




                                                          2.    The State of Maharashtra, through
                                                                The Chief Secretary, Mantralaya,
                                                                Mumbai - 400 032.
                                                          3.    The Additional Chief Secretary,
                                                                        2                        OA No.433/2025




                                                                Mantralaya, Mumbai - 400 032.
                                                                Email : [email protected]

                                                          4.    Shri Nilesh Tambe (IPS),
                                                                Superintendent of Police,
                                                                Crime Investigation Department,
                                                                Nagpur - 440006.To be served through
                                                                Additional Chief Secretary, Mantralaya,
                                                                Mumbai - 400 032.                                    ..Respondents.

                                                          (By Advocate Dr.V.S. Masurkar for official respondents,
                                                           Mr.N.K. Rajpurohit a/w Mr.S.N. Rajpurohit for private respondent).

                                                          Order reserved on :08.09.2025
                                                          Order pronounced on : 17.10.2025

                                                                                         ORDER
                                                                              Per : Shri Krishna, Member (A)

The applicant has filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 to challenge the impugned transfer order dated 22.05.2025 by which he has been transferred from the post of Superintendent of Police, Buldhana to Commandant, SRPF, Amravati.

2. Brief facts of the case as stated by the applicant in the O.A. are that Hemant Anant Digitally signed by Hemant Anant Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 the applicant was promoted from Maharashtra State Police Service to the IPS in 2015. He was transferred from the post of SP, Crime Investigation Department, Nagpur and posted to the post of SP, Buldhana vide order 3 OA No.433/2025 dated 13.08.2024 with effect from 31.08.2024. However, he has been transferred by the impugned order before completion of a period of 2 years which according to the applicant is in violation of Provisions of Section 22(N) of the Maharashtra Police Act, 1951, as 2 years tenure cannot be curtailed without giving reasons.
2.1. The applicant has placed reliance on the judgment of Hon'ble Supreme Court in the case of T.S.R. Subramanian and Others Vs. Union of India and Others, (2013) 15 SCC 732.
2.2. It has been submitted that the applicant has unblemished career and there is nothing adverse against the applicant for effecting the impugned transfer before completion of2 years tenure. In view of the above facts, applicant prayed for quashing of the impugned order, with a prayer for interim relief to allow him to continue in the said post. The matter was circulated for urgent hearing and the matter was heard on 23.05.2025 and interim relief was granted till 09.06.2025.
3. The official respondents have filed affidavit in reply on 03.06.2025 Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 and contested the grant of interim relief. It was submitted that the Respondents No.2 and 3 were neither served through email nor through whatsapp or by physical service of O.A. as well as the Advocate's letter 4 OA No.433/2025 dated 22.05.2025. The e-mail address mentioned in the Advocate's letter dated 22.05.2025 as [email protected] not correct. The e-mail address of the office of Chief Secretary to Maharashtra State is :[email protected]. The e-mail address: [email protected] is also not correct. The correct e-mail address of the office of Additional Chief Secretary (Home) is [email protected]. In the light of the aforesaid, the Respondents No.2 and 3 did not receive the Advocate's letter dated 22.05.2025 and also not received copy of Original Application.

3.1. It has been further submitted that the intimation of interim order dated 23.05.2025 in O.A.No.433/2025 was received on 23.05.2025 at 2.13 PM from the e-mail address: [email protected]. It is pertinent to mention that the order of Hon'ble CAT, is sent on correct e- mail address i.e. (1) [email protected]. (2) [email protected].

3.2. It has been submitted that in the light of the aforesaid true position, Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 the service of notices on the Respondents No.2 and 3 is not complete and thus para 2 of the Hon'ble CAT order dated 23.05.2025 is not maintainable in law. In support of this contention, Section 24 of the 5 OA No.433/2025 Administrative Tribunal Act, 1985 is material and hence reproduced below for quick reference:-
"Section 24.Conditions as to making of interim orders- Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceedings relating to, an application unless-
(a) Copies of such application and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or proposed to be made; and
(b) Opportunity is given to such party to be heard in the matter.

Provided that a Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for the reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant which cannot be adequately compensated in money but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirements have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order." 3.3. It has been further submitted that the applicant has taken sick leave Hemant Anant Digitally signed by Hemant Anant Mahabal Location:

and, therefore, the additional charge was given to another officer of the Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 grade of Superintendent of Police by the office of Special Inspector General of Police, Amravati Region, Amravati who gave charge of 6 OA No.433/2025 Superintendent of Police, Buldhana to the Respondents No.4 on 22.05.2025 (A.N.).
3.4. It has been submitted that granting of ad-interim reliefs in the matter of transfer, suspension, dismissal and termination is not permissible in law. Grant of ad-interim in such cases amounts to grant of final reliefs itself. In support of this contention, the respondents are relying upon the judgments of the Hon'ble Supreme Court in the following cases:
(i) Public Service Tribunal Bar Association Vs. State of UP & Ors., (2003) 4 SCC 104;
(ii) Secretary, UPSC Vs. S. Krishna Chaitnya, (2011) 14 SCC 227;
(iii) UP Rajya Krishi Utpadan Mandal, 1993 Supp.(3) SCC 483;
(iv) State of Rajasthan Vs. A.P. Solanki, (2003) 7 SCC 403;
(v) Union of India Vs. Janardhan Debnath, (2006) 9 SCC 583; and
(vi) S.C. Saxena Vs. Union of India, (2006) 9 SCC 583, holding that the applicant disobey a transfer order by not reporting at the place of Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 posting and then go to a Court to ventilate his grievance.

4. The matter again came up for hearing on 04.06.2025 and interim relief granted on 23.05.2025 was vacated. Thereafter, notices were 7 OA No.433/2025 issuedto official respondents as well as private respondents and they have filed their reply.The applicant has filed rejoinder. The official respondents in turn have filed theirreply to the rejoinder of the applicant. Therefore, with the consent of all the parties, matter was taken up for final hearing.

5. The official respondents have filed their reply and contested the Original Application.

5.1. It has been submitted that the applicant has not made any representation with regard to his grievances about transfer from Buldhana to Amaravati. Thus, he has not exhausted alternative relief available to him. By this transfer, none of the conditions of services of the applicant are violated and, therefore, there is no question of interim reliefs or final reliefs. In fact his transfer is recommended by the Police Establishment Board No.1 and approved by the competent authority and as I.P.S. officer he shall serve any where in the State of Maharashtra. The Hon'ble Supreme Court in the case of S.C. Saxena Vs. UOI & Ors.reported in (2006) 9 SCC 583, held that the applicant cannot disobey a transfer order Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 by not reporting at the place of posting and then go to a Court to ventilate his grievances.
8 OA No.433/2025
5.2. It has been submitted that the applicant assumed charge as Superintendent of Police, Buldhana on 31.08.2024. However, during his tenure, he failed to discharge his responsibilities effectively. Serious lapses were observed in the management of law and order. He was unsuccessful in undertaking necessary preparations to address potential threats during important festivals and events. He demonstrated inaction in acquiring confidential intelligence regarding serious incidents, maintaining communication with the public, and responding in a timely manner to legitimate public grievances.
5.3. It has been further submitted that his failure to take decisive action against illicit activities has created an impression of implicit approval of such activities. Furthermore, he failed to adopt any concrete strategy to control communal tensions and serious criminal incidents. He was completely unsuccessful in ensuring adequate supervision and control over subordinate officers and personnel. As a result, the law and order situation in the district visibly deteriorated. This failure is clearly Hemant Anant reflected in the following incidents during his tenure - Digitally signed by Hemant Anant Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 (1) Communal riots during Ganesh immersion 9 OA No.433/2025 Between 07.09.2024 and 17.09.2024, Ganeshotsav and Eid-e-Milad festivals were scheduled to be celebrated. Accordingly, the DGP Office had issued detailed instructions on 03.09.2024 to take precautions and implement appropriate preventive measures. However, on 17.09.2024, during the Ganpati immersion procession in the jurisdiction of Jalgaon Jamod Police Station, paper fragments from a blower machine landed on a mosque, which triggered a dispute and stone-pelting from both sides. In this regard, Crime No.524/2024 was registered at Jalgaon Jamod Police Station on 18.09.2024. Similarly, two separate incidents of stone-pelting occurred during immersion processions in the jurisdiction of Shegaon Police Station, resulting in the registration of two more FIRs.

It was later found that Shri Devaram Gawli, Deputy Superintendent of Police, Malkapur, District Buldhana, was under the influence of alcohol at the time. He led the riot control team and unnecessarily ordered a lathi charge on the Ganesh Mandal office bearers, injuring three to four individuals seriously and thereby creating law and order issue. Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Shri Devaram Gawli was subsequently suspended for his actions. 5.4. It has been submitted that in the light of these serious incidents, the SP Buldhana was asked via letter dated 20.09.2024 through IGP Amravati 10 OA No.433/2025 to submit an explanation. The report submitted by IGP Amravati on 07.12.2024 highlighted the following points:
• The SP Buldhana failed to immediately inform higher authorities about the Jalgaon Jamod incident and instead submitted a written report the following day. • As the immersion procession passed in front of a mosque, adequate police deployment was essential, and the deployed officers and personnel should have maintained vigilant supervision. Their negligence contributed to the outbreak. • Compared to 2023, a larger police deployment was sanctioned in 2024. Hence, the SP's justification that less- than-requested deployment resulted in inadequate presence at certain spots is deemed unjustifiable.
5.5. It has been further submitted that these were serious incidents that could have been prevented with timely action. The communal tensions in Jalgaon Jamod and Shegaon clearly indicate SP Vishwa Pansare's failure to gather intelligence. It is evident that he ignored the precautionary guidelines issued by the headquarters for festivals. He also failed to supervise subordinate officers or monitor ongoing developments in the district. As SP, he did not anticipate or mitigate foreseeable risks, thereby Hemant Anant Digitally signed by Hemant Anant Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 raising serious concerns about his leadership capabilities. 11 OA No.433/2025 (2) Escape of an accused from Police custody In crime No.495/2024 registered at Nandura Police Station, the accused was taken into custody from Buldhana Jail on 19.10.2024 for investigation purposes. While he was being escorted back for judicial remand, the accused pushed the escort guard and escaped. The incident highlights the lack of control and supervision exercised by Shri Vishwa Pansare over his subordinate officers and staff. It also indicates the failure to implement proper security measures and provide adequate guidance for the handling of the accused.
(3) Communal tensions and unauthorized installation of Statues According to the confidential information received from the State Intelligence Department, Government of Maharashtra, Mumbai dated 20.03.2025, a total of 14 communal incidents occurred in the Buldhana region between 01.01.2025 and 20.03.2025. Additionally, 49 statues were installed without authorization during this period.

This indicates Shri Vishwa Pansare's failure as the Unit Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Commander to collect timely intelligence and to monitor and act on sensitive religious and communal developments. His inaction and neglect in addressing the unauthorized installation of statues has potentially 12 OA No.433/2025 contributed to creating an atmosphere of communal tension and law and order issues in the district.
(4) Failure to Control Illicit Activities In Buldhana district, widespread illicit activities were reportedly operating unchecked, leading members of the Azad Hind Mahila Sanghatana to stage a road blockade and stop the vehicle of the Superintendent of Police, displaying black flags in protest. In response to this incident, the Inspector General of Police, Amravati Range, was directed by this office via letter dated 27/03/2025 to conduct an inquiry and submit a factual report. Accordingly, a detailed report dated 02/04/2025 was submitted, which concluded that the Superintendent of Police, Buldhana, had failed to exercise effective control over illicit activities. It also highlighted a lack of proper oversight and supervision over police station in-charges and other officers under his command, which contributed to the occurrence of such incidents.
The background of the incident is as follows: On 11/03/2025, on Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 behalf of the Azad Hind Shetkari Sanghatana, Adv. Satishchandra Dinkar Rothe submitted a memorandum to the administration highlighting unlawful or improper practices and demanding closure of illicit activities 13 OA No.433/2025 in Buldhana district. As no action was taken, on 23/03/2025, Panchphulabai Gavai (age 68), a resident of Buldhana, began an indefinite hunger strike. on behalf of the organization. On 26/03/2025, her health deteriorated at the protest site, but the police administration failed to respond to their demands. In protest, she displayed black cloths in front of the passing vehicle of the Superintendent of Police, Buldhana. This incident was also reported in a news article dated 26.04.2025, which is cited in the IGP Amravati's report.
This clearly demonstrates Shri Vishwa Pansare's failure as Superintendent of Police to respond to legitimate public grievances, to take effective action against illicit activities, and the perception that he was indirectly complicit in allowing such operations to continue. (5) Death of a Police Constable Due to Illicit Activities A communication dated 27/03/2025 to the Inspector General of Police, Amravati Range, mentioned an incident involving the death of a police constable linked to illicit activities. In response, a detailed report Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 dated 02/04/2025 was submitted, which concluded that Superintendent of Police, Buldhana, Shri Vishwa Pansare, had failed to maintain effective control over illicit activities. The report also highlighted inadequate 14 OA No.433/2025 supervision over police station in-charges and subordinate officers, which contributed to the incident.
The referenced incident occurred on 23.03.2025, when confidential information indicated that suspect Sanjay Shivankar was transporting illicit liquor on the Shelgaon-Aatol road. While Beat Officer and Police Constable Bhagwat Giri (No. 2587) pursued him, the suspect kicked their police vehicle, causing it to veer off and crash into a roadside tree. Constable Giri sustained a fatal head injury.
The accusedhad 10 past cases of illicit liquor trade and one riot- related offence registered from 2004 to 2022. Despite being aknown habitual offender, only one preventive action under Section -93 of the Prohibition Act in 2019 had been taken against him.
Media reports dated 26.04.2025 also covered the incidentof the death of the constable due to illicit activities. The incident underscores the ineffective leadership of Sh. Vishwa Pansare and his lack of control over illicit activities, directly contributing to the fatality. Hemant Anant Digitally signed by Hemant Anant Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 15 OA No.433/2025 (6) Apathy in Supervision Repeated media coverage highlighted the deteriorating law and order situation in Buldhana district, rising incidents of illicit activities, increased cases of missing girls, and communal tensions.

In response, the IGP, Amravati Range was directed via letter dated 09.04.2025, to investigate and report. The IGP convened a crime review meeting on 11/04/2025, which revealed the following critical issues:

• Inadequate preventive action in both communal and minor offence.
• Repeat offenders in communal cases were not arrested; poor investigation and negligence were observed.
• Low recovery of stolen property in property crimes; poor detection rate in burglary cases.
• Lack of preventive action against habitual offenders, emboldeningthem to commit violent crimes, including attacks on police personnel.
• Inefficiencies in intelligence operations contributed to recurring communal incidents.
• Failure to arrest accused in social media-related offences led to increased communal tension.
• No disciplinary action taken against officers and personnel for negligence in communal incidents.
Hemant Anant Mahabal Digitally signed by Hemant Anant Mahabal Location: Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 • Compared to the same period in previous years, action against illicit activities was notably lower in Jan-Mar 2025. The IGP's report dated 15/04/2025 concluded that SP Vishwa Pansare had failed to effectively control serious crimes against persons 16 OA No.433/2025 and property, communal tensions, and illicit activities, and had not exercised adequate supervision over subordinate officers. (7) Apathy Towards Official Duties and Disregard for Senior's Instructions:
A review of the monthly reports (e-patrak) submitted by the Superintendent of Police, Buldhana for January and February 2025 revealed several deficiencies. Consequently, the Special Inspector General of Police (Law & Order) issued a communication dated16/04/2025 directing SP Buldhana to provide a written explanation. The letter pointed out that:
• No monthly crime review meetings were held in January 2025. - There was no inspection of investigation files related to MCOCA or serious cases during January and February. • No training programs were organized for police personnel. • Despite visiting police headquarters, there was no inspection of arms and ammunition.
No response has been received from SP Buldhana till date regarding the explanation sought.
Hemant Anant Digitally signed by Hemant Anant Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 This indicates that Shri Vishwa Pansare has ignored repeated instructions from the higher office and failed to comply with official directives, reflecting clear apathy towards his official responsibilities. 17 OA No.433/2025 (8) Indifference Towards Corruption An FIR (No. 370/2025) was registered under the Prevention of Corruption Act at Buldhana City Police Station involving a police head constable accused of demanding a bribe.

In view of supervisory lapses, the Special Inspector General of Police (Law & Order) sought a clarification from SP Buldhana through an official letter dated 24/04/2025. However, no response has been submitted to this office till now.

Thisfurther reinforces 'that Shri Vishwa Pansare, as Superintendent of Police, Buldhana, has shown indifferencetowards curbing corruption within his jurisdiction and has 'failed to act upon clear instructions from senior authorities'.

(9) Confidential Report by the State Intelligence Department A confidential report dated 05/05/2025, submitted by the Commissioner of Intelligence, Government of Maharashtra, records extremely serious observations about the state of policing in Buldhana Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 district. The report, supported by newspaper clippings, clearly states that police leadership in the district has failed, and the department as a whole is plagued by indiscipline, disorder, and a lack of efficiency. 18 OA No.433/2025
The report highlights issues such as internal dissatisfaction among police ranks, procedural laxity, failure to control crime, and an overall breakdown in law and order maintenance. As the report is of a confidential nature, it may be presented for formal review to the competent authorities if required.
(10) Failure in Coordination and Protocol Compliance As per official communication from the office of Hon'ble Shri Prataprao Jadhav, Minister of AYUSH (Independent Charge), his visits to Buldhana district were scheduled on 12/05/2025 and 16/05/2025.

Accordingly, the district administration and police: department were expected to make all necessary protocol and security arrangements.

However, during the visit, no appropriate security measures were implemented. Additionally, the Minister's vehicle was stopped far from the venue, and he was not granted smooth access to the program site. This lapse was formally communicated by his Private Secretary to the Chief Secretary of Maharashtra and the Director General ofPolice, Maharashtra, Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 through a letter dated 20/05/2025.
Despite prior knowledge of the visit, no security arrangements were made, clearly indicating a failure in coordination and protocol 19 OA No.433/2025 implementation on the part of Shri Vishwa Pansare, Superintendent of Police, Buldhana.
(11) Sudden sick leave on 22.05.2025-

Shri Vishwa Pansare suddenly reported sick on 22/05/2025, and proceeded on sick leave after submitting a letter to the IGP, Amravati.

These findings clearly establish that Shri Vishwa Pansare, during his tenure as Superintendent of Police, Buldhana, disregarded instructions issued by higher authorities and demonstrated serious neglect, lack of leadership, and administrative inefficiency. 5.6. In view of the aforesaid submissions, the respondents have stated that the Original Application is premature and hence the same is liable to be dismissed on this ground itself.

5.7. The respondents have enclosed letter dated 22.05.2025 along with medical certificate dated 22.05.2025 that applicant is suffering from viral fever with LRTI.

6. The applicant has filed rejoinder to the reply. Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 6.1. It has been submitted that the technicalities of service of the OA have to be considered in the backdrop of illegality and arbitrariness of transfer order of the applicant. It has been reiterated that Section 22 20 OA No.433/2025 (N)(1)(a) of Maharashtra Police Act provides a tenure of two years at one place of posting. The proviso to the rule provides further that the State Government may transfer any Police personnel prior to the completion of his normal tenure, if, the Police personnel is guilty of dereliction of duty.

Section 22 (N)(2) of Maharashtra Police Act provides that in exceptional cases, in public interest and on account of administrative exigencies, the Competent Authority shall make mid-term transfer of any Police personnel of the Police Force.

6.2. It further provides that in case of any serious complaint, irregularity, law and order problem the highest Competent Authority can make the transfer of any Police personnel without any recommendation of the concerned Police Establishment Board. The proviso mentions that the above exceptions to the rule position is subject to the Competent Authority and its decision being just, reasonable and fair. The powers of the Competent Authority are guided although discretion is based on the procedures established by law and precisely on non-arbitrariness. It has Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 been submitted that the respondents have failed to make out any prima- facie case in the light of the proviso to defend the impugned order which suffers from malice in law and wanton arbitrariness. It has been 21 OA No.433/2025 submitted that the applicant has not challenged the power and authority of the Competent Authority to effect the transfer. 6.3. Regarding the incident of Jalgaon Jamod, it has been submitted that the applicant took over charge on 31.08.2024 and did not get enough time as incident took place on 17.09.2024.
6.4. It has been submitted that on the day of Ganpati Visarjan, applicant was camping at Khamgaon, which is communally most sensitive in Buldhana District and was conducting the VisarjanBandobast. At that time, a mob of Hindus and Muslims got into an altercation at Jalgaon Jamod and resorted to stone pelting. The Officer-in-Charge of Jalgaon Jamod handled the situation effectively and apprised the applicant of the situation. The applicant immediately sent one SRPF Platoon from Khamgaon and Additional S.P. Khamgaon with additional force to help the P.SO. of Jalgaon Jamod. Meanwhile, S.D.P.O. Malkapur, who had reached Jalgaon Jamod already, resorted to an unwanted Lathi Charge on innocent complainants assembled at the Police Station.

Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 This enraged the complainants and the participants in that procession, who stopped the procession and refused to continue unless the S.D.P.O. Malkapur Shri Gawali was suspended. 22 OA No.433/2025 Additional S.P. Khamgaon reached the spot and tried to pacify the agitators.
6.5. It has been submitted that the applicant handled the situation effectively and received peaceful conduction of procession in his own charge. It has been further submitted that an unwanted and unwarranted Lathi Charge by S.D.P.O. Malkapur in applicant's absence and without his orders and knowledge, does not make applicant responsible for the incident. It has been submitted that he informed about the incident to the then A.D.G. (Law and Order), I.G. (Law and Order) and also I.G., Amravati. Since the applicant was performing Bandobast duties at Khamgaon, which is the most sensitive place in the district, he was unaware of the inebriated condition of the then S.D.P.O., Malkapur.
6.6. It has been submitted that the I.G., Amravati has called for the report from the applicant. The same was submitted to him highlighting the incident and failure on the part of S.D.P.O., Khamgaon. It has been Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 submitted that there are two major bones of contentions qua the applicant, where the applicant's decisions have irked his superiors. Firstly, the IG, Amravati Range, had insisted to post one A.P.I., Shri Bharat Chapaitkar as 23 OA No.433/2025 Officer-in-charge of the Police Station. Applicant refused the same, because he found A.P.I. Bharat Chapaitkar to be indisciplined, and a default report had been received in respect of A.P.I. Bharat Chapaitkar from the SP, Amravati (Rural), regarding non-return of valuables to an accused released from custody by A.P.I. Bharat Chapaitkar, for which he is also facing departmental enquiry. The denial of the applicant to post A.P.I.Chapaitkar enraged the IG Amravati who started generating false material against the applicant ever since. 6.7. It has been further submitted that an FIR No. 0402 / 2025 dt. 26-04-

2025 was registered against the sitting MLA, of Buldhana Shri Sanjay Rambhau Gaikwad u/s. 296, 352 of the B.N.S.S. 2023 r/w. Police Act (Incitement to Disaffection Act 1922) Sec. 3 for making derogatory remarks and using an - obscene word, "Haraami" to the Maharashtra Police. Another FIR No. 0138 / 2025, dt. 14-05-2025 was registered against the opposite party MLA Shri. Siddhartha Kharat + 1 for brandishing a naked sword in a marriage function. MLA Shri. Sanjay Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Rambhau Gaikwad belongs to the RulingShiv Sena, which is a constituency of MahaYuti Alliance. The MLA Shri. Siddhartha Kharat belongs to the Shiv Sena (UddhavBalasahebThakare) Faction, which is a 24 OA No.433/2025 Member of the Opposition. The applicant had registered offences against both the Ruling Party and Opposition Party, which shows that he was non-partisan towards duty. Apparently, these two offences against the prominent politicians is the cause for Applicant's untimely transfer. It is pertinent to note here that the I.G. Amravati had called for an express explanation from the Applicant, for registration of the FIR registered against the sitting MLA Mr. Sanjay Gaikwad of ruling alliance, which is not only perplexing but also unlawful. It is this bone of contention that the I.G Amravati is selectively targeting the Applicant for his scrupulous adherence to his official duties.
6.8. It has been submitted that regarding the incident of escape of accused from the police custody the applicant has submitted the required report in the matter. Similarly, regarding illicit activities the applicant has made detailed submissions stating that during six months of his posting a total 3791 cases and illicit activities were registered and contraband worth Rs.26,88,38,844/- were recovered. It has been submitted that the Hemant Anant applicant's case is covered by ratio and findings passed by the Bombay Digitally signed by Hemant Anant Mahabal Location: Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 High Court in W.P. No. 5614 of 2021.
25 OA No.433/2025
6.9. It has been further submitted that regarding allegations of death of police constable due to illicit activities on 23rd March, 2025, the applicant was not responsible for the activities that were going on for a long period even when the applicant was not serving as S.P. Buldhana. Regarding the allegations made in reply affidavit about visit of Deputy Chief Minister of Maharashtra on 12thMay, 2025 and of MoS and Hon'ble Union Minister of State (Independent Charge), it hasbeen submitted that protection regarding Z+ category convoy/carcade of above VIPs was turned down by the SPU officials responsible for the protection of the said Z+ protectees. The applicant has made required arrangements. 6.10. Regarding allegations on sick leave, it has been submitted that he has followed the proper procedure as per service rules. 6.11. The applicant has contended that he reliably learnt that Respondent No.4 has handed over the charge as S.P. C.I.D., Nagpur in the evening of 22.05.2025 around 6 p.m. and the email conveying / reporting the said fact to the Head Office of CID Pune between 6.40 to 6.45 p.m. He further Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 submitted that he was present in the S.P. office till around 5 PM and sent an email at 5:18 p.m. on 22.05.2025 on the ground of medical leave and left the office.
26 OA No.433/2025
6.12. It has been contended that respondent No. 4 has assumed charge on 22.05.2025 as S.P. Buldhana at 23.55 Hrs. after the applicant has reported sick and the applicant has not handed over the charge to Addl.

SP, CID Nagpur as per the orders/directions of the higher authority and got relieved after following the due process of law. Record of the same can be verified from the official respondents.

7. The private Respondent No. 4 has also filed affidavit in reply and denied the averments, allegation and contentions made by the applicant in the O.A. 7.1. It has been submitted that the transfer order dated 22.05.2025 was issued strictly in accordance with Section 22(N) of the Maharashtra Police Act, 1951, which empowers the competent authority to make mid-term transfers in exceptional cases, in public interest and on account of administrative exigencies. The detailed reply filed by Respondents No. 2 & 3 has comprehensively documented the applicant's administrative failures and lapses that necessitated the Applicant's transfer, including Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 serious incidents of communal riots, escape of accused from police custody, failure to control illicit activities, and general deterioration of law and order in Buldhana district. Thus, even after taking into consideration 27 OA No.433/2025 Applicant's contentions of not following due process of law as alleged is wholly incorrect. Even the Maharashtra Police Act, 1951, the proviso of Section 22(N) (2) specifically states that in case of any serious compliant, irregularity, law and order problem the highest competent authority can make transfer of any police personnel without any recommendation of the concerned police establishment board'. In the instant case the respondent no. 2 and 3 elaborately pointed out regarding irregularity and lapses resulting in law and order problem which in turn resulted in transfer of Applicant as per law.
7.2. The concept of "public interest" in administrative law is well-

established and encompasses the broader welfare of society, maintenance of public order, and efficient administration of government functions. The Hon'ble Supreme Court has held time & again that transfer of an employee is an incident of service and that an employee has no right to be posted at a particular place. The Courtfurther held that transfer cannot be evaded merely on the ground of pendency of representation or difficulties. Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 7.3. The decision to transfer the Applicant was not arbitrary but was based on substantial evidence of administrative failures and dereliction of duty during his tenure as Superintendent of Police, Buldhana. The 28 OA No.433/2025 detailed documentation provided by Respondents No. 2 & 3 reveals a pattern of serious lapses that threatened public safety and administrative efficiency. These failures can be categorized into several distinct areas:
law and order management, supervision of subordinate officers, response to public grievances, coordination with higher authorities, and compliance with official directives.
7.4. The Hon'ble Supreme Court in the case of S.C. Saxena vs. Union of India (2006) 9 SCC 583 has laid down the fundamental principle that a government servant cannot disobey a transfer order by not reporting at the place of posting and then approach a court to ventilate grievances. This principle is directly applicable to the present case where the Applicant, instead of complying with the lawful transfer order, immediately proceeded on sick leave and challenged the order through legal proceedings. The Supreme Court's observation that such conduct amounts to indiscipline in public service is particularly relevant to the facts of this case.

Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 7.5. The Court in S.C. Saxena's case further emphasized that the argument of availability of leave credit cannot be used to justify unauthorized absence or non-compliance with transfer orders. The Court 29 OA No.433/2025 observed that "acceding to such an argument by courts, particularly this Court, has led to and will continue to lead to gross indiscipline in public service." This judicial pronouncement is directly applicable to the Applicant's conduct of taking sick leave immediately afterthe transfer order and subsequently challenging it through legal proceedings. 7.6. The ex-parte interim order dated 23.05.2025 was obtained through suppression of material facts and non-compliance with procedural requirements under Section 24 or the Administrative Tribunals Act, 1985.

The respondent no. 4 & the respondent no. 2 &3 brought the correct picture before the Hon'ble Tribunal by filing & MA no. 497 of 2025 & MA No.503 of 2025. The said MA's were heard by the Hon'ble Tribunal on 4thJune 2025 and after hearing the interim relief was vacated on the same day. The Respondent No.4 was relieved on 22.05.2025 and took over charge of Superintendent of Police at Buldhana on 22.05.2025 and still continuing on the said post.

7.7. The Applicant has deliberately suppressed the following material Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 facts in his Original Application: (a) his systematic failure to discharge duties as documented in multiple inquiry reports; (b) serious communal incidents that occurred under his watch; (c) his immediate resort to 'sick 30 OA No.433/2025 leave upon knowing the transfer order; (d) the formal handing over of charge to Additional SP and subsequently to Respondent No. 4; and (e) the comprehensive performance review that identified multiple areas of concern.
7.8. The Applicant has made false statements on oath in the Original Application, particularly in paragraph 8(G) where he claims that he is still functioning as SP Buldhana. The official records clearly show that the Applicant reported sick on 22.05.2025 by sending a letter through email to the Special Inspector General of Police, Amravati Range. As per higher authorities direction, the charge was formally given to the Additional SP, who subsequently it to Respondent No. 4. Medical certificate from Dr. Sachin M. Zagade dated 22.05.2025 shows that the Applicant was suffering from Viral Feverwith LRT1 and advised seven days rest from 22.05.2025, further contradicting his claim of continuing to function in his official capacity.
7.9. The Hon'ble Supreme Court has consistently held that suppression Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 of material facts or making false statements in judicial proceedings warrants not only dismissal of the application but also appropriate action for perjury. In the present case, the false statement regarding the 31 OA No.433/2025 Applicant's functional status at the time of filing the Original Application undermines the credibility of his entire case and provides sufficient ground for dismissing the application with costs. 7.10. The proper interpretation of Section 22N of the Maharashtra Police Act, 1951, requires understanding the legislative intent behind distinguishing between normal tenure and exceptional circumstances warranting mid-term transfer. The provision does not create an absolute right to complete minimum tenure but rather establishes a framework that balances tenure security with administrative flexibility in exceptional circumstances.
7.11. The Hon'ble Bombay High Court in Ankur Prabhakar Patil v. The State of Maharashtra & Ors. has clarified that Section 22(N) aims to protect police personnel from frequent transfers but does not make it mandatory to allow officers to complete their full tenure when administrative exigencies or public interest require mid-term transfer. The Court emphasized that transfers, being an administrative function, are Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 subject to the discretion of competent authority as long as officers' rights are not arbitrarily violated.
32 OA No.433/2025
7.12. The doctrine of administrative exigency in public administration recognizes that rigid adherence to normal procedures may sometimes conflict with urgent administrative requirements or public welfare. InState of Rajasthan and Ors. (2003) 7 SCC 403, the Supreme Court held that the power to make appointments includes the power to transfer unless expressly barred, and such power can be exercised when administrative necessity demands.
7.13. The present case clearly falls within the ambit of administrative exigency as defined under Section 22(N) of the Maharashtra Police Act.

The documented evidence or performance deficiencies, law and order failures, and administrative lapses created a situation where immediate intervention was necessary to restore public confidence and administrative efficiency. The competent authority's decision to effect mid-term transfer was not only legally justified but was administratively imperative given the circumstances, 7.14. The transfer order satisfies both the proportionality and Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 reasonableness tests established by judicial precedents. The action taken (transfer to an equivalent post with similar status and emoluments) is proportionate to the administrative concerns identified. Unlike punitive 33 OA No.433/2025 transfers to lower positions, the applicant was transferred to the post of Commandant S.R.P.F. Group No. 9, Amravati, which is a position of equal responsibility and status.
7.15. The reasonableness test is satisfied by the comprehensive documentation of performance issues and the procedural compliance with statutory requirements. The decision was made by the competent authority after due deliberation by the Police Establishment Board, ensuring that multiple perspectives were considered before finalizing the transfer decision.
7.16. Pursuant to the lawful transfer order dated 22,05.2025 having been transferred from the position of SP, Crime Investigation Department, Nagpur, to SP, Buldhana, the Respondent 4 has handed over charge of that post and took over the charge of S.P. Buldhana.
7.17. The maintenance of administrative continuity is crucial for effective police functioning, particularly in a district that has experienced significant law and order challenges as documented in the reply filed by Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Respondents No. 2 & 3. The institutional integrity of the police department depends on the ability of competent authorities to make necessary administrative adjustments based on performance assessment 34 OA No.433/2025 and operational requirements. Allowing judicial intervention in routine administrative matters without substantial grounds would set a wrong precedent that could paralyse administrative decision-making and compromise the effectiveness of police administration. 7.18. The Hon'ble High Court in various judicial pronouncement held that transfers made under Section 22-N of the Maharashtra Police Act were lawful and not tied to any specific time period. 7.19. While drawing parallels with civil service transfer cases, it is crucial to recognize that police service operates under a distinct legal framework that acknowledges the unique requirements of law enforcement. The Maharashtra Police Act provides specific provisions for police transfers that differ from general civil service rules, recognizing the operational exigencies, Law & Order and public safety considerations inherent in police work.
7.20. The concept of "public interest" in police administration extends beyond individual officer rights to encompass broader community safety Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 and institutional effectiveness. The documented evidence of administrative failures in the present case clearly 35 OA No.433/2025 demonstratescircumstances where public interest requires administrative intervention regardless of tenure considerations. 7.21. It has been submitted that the averments raised by the Applicant in Para 5(b) of OA are denied, being incorrect.It has been submitted that there is no violation of the law laid down by the Hon'ble Apex. Court in the matter of T.S.R. Subramanian. It is further submitted that the ratio laid down in the matter of T.S.R.Subramanian, so far as the cases of transfers of the Civil Servant should be first kept before the Civil Service Board is concerned, the same is not applicable in the matter of Police Officers as the cases of the Police personnel are governed as per the law laid down by the Hon'ble Supreme Court of India in the matter of Prakash Singh's case, in which, the directions are given about 'establishment of Police Establishment Boards" for transfers of the Police Personnel and suitable amendments of establishing the Police Establishment Board have already been carried out and the transfer of the Applicant has been ordered by the 'competent transferring authority after Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 giving due consideration to the "recommendations" of the Police EstablishmentBoard, carried out in the Maharashtra Police Act, 1951 about "transfers" Thus, there has been no violation of the said statutory 36 OA No.433/2025 provisions by the Respondent nos. 02 and 03 while effecting mid-tenure transfer of the Applicant.

8. Respondent No. 2 & 3 have filed sur-rejoinder reiterating their contentions in the affidavit in reply. They have further contended that the rejoinder submitted by the applicant reiterating the various incidents mentioned in the reply affidavit and justify the contention of the applicant.

9. During arguments, learned counsel for both the sides have made their arguments on the basis of pleadings.

10. Mr.R.G. Walia, learned counsel for the applicant has submitted that the impugned order is illegal as the same has been passed in violation of Provisions of Section 22(N). He has submitted that the applicant was posted vide order dated 13.08.2024 and joined on the said post on 31.08.2024 and has been transferred after 10 months vide impugned order. He submitted that the meeting of the Police Establishment Board (PBE) was held at 12 Noon, Minutes were sent to the Under Secretary at Hemant Anant 12:28 pm and the Hon'ble Chief Minister approved it at 12:49 p.m. and Digitally signed by Hemant Anant Mahabal Location: Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 the same was notified in the evening. However, the Respondent No.4 on the same day travels to Buldhana and takes over charge at mid-night. He 37 OA No.433/2025 submitted that the applicant approached him and the OA was filed overnight on 23.05.2025. He submitted that it is mandatory as per Section 22(N) to allow an IPS Officer to complete his tenure of two years.

11. Mr.Walia drew our attention to the provisions of Section 22 (N) of Maharashtra Police Act, 1951 and The IPS (Cadre) Rules, 1954. He submitted that Clause (a) of sub-Rule (1) of Section 22(N) provides that a Police Personnel above the rank of Dy. Superintendent of Police or Assistant Commissioner of Police, has a normal tenure is 2 years at the one place of posting. The Government may transfer any Police Personnel prior to the completion of his normal tenure, if-

"(a) disciplinary proceedings are instituted or contemplate against the Police Personnel; or
(b) the Police Personnel is convicted by a court of law; or
(c) there are allegations of corruption against the Police Personnel; or
(d) the Police Personnel is otherwise incapacitated from discharging his responsibility; or
(e) the Police Personnel is guilty of dereliction of duty."

Hemant Anant Digitally signed by Hemant Anant Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 11.1. In addition to the grounds mentioned, in exceptional cases, in public interest and on account of administrative exigencies, the Competent Authority shall make mid-term transfer of a Police Personnel 38 OA No.433/2025 of the Police Force. He submitted none of the grounds existed in case of the applicant as the impugned order does not mention any of the above conditions.
11.2. He further submitted that the impugned order contains 22 names and in Para 1 of the order, it is mentioned that the officers have been transferred and posted for administrative reasons. However, no administrative reasons have been given. The applicant has obtained information under the RTI and obtained the Minutes of the Meetings of PEB held on 22.05.2025 (Page 488 to 502 of the OA).
12. Mr.Walia submitted that in the PEBs Minutes, while in the case of Mr.Jayant Meena whose name appears at Sr.No.19, it has been specifically mentioned that he was posted as Superintendent of Police, Parbhani and is involved in a matter of breach of privilege and contempt presented against him, for which the report of the Privilege Committee accepted by the Legislative Assembly has been submitted for Government orders, nothing has been mentioned against the applicant. Therefore, Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 according to Mr.Walia, while the case of Mr.Jayant Meena falls under the proviso under Section 22 (N) (2), the case of the applicant is covered 39 OA No.433/2025 under Section 22 (N)(1) and he could not have been transferred before completion of tenure of two years.

12.1. He further submitted that there was no material before the Police Establishment Board to transfer the applicant. He submitted that the information obtained under the RTI which deals about the incidents alleged against the applicant were prepared after the meeting of the Police Establishment Board as it mentions the sudden sick leave of the applicant which would not have been possible as the meeting of the PEB was held at 12 Noon. Therefore, the impugned order has been passed with malice. He submitted that the applicant has explained all the incidents in his reports to his higher officers and, therefore, the same could not have been the basis for his transfer.

12.2. He placed reliance on the judgment of Hon'ble Supreme Court in the case of T.S.R. Subramanian (supra), Municipal Corporation of Greater Mumbai (MCGM) Vs. Abhilash Lal and others, (2020) 13 SCC 234, in whichit was held that "If a statute confers power to do a particular Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 act and has laid down the method in which that power has to be exercised, it necessarily prohibits the doing of the act in any manner other than that which has been prescribed."
40 OA No.433/2025
12.3. He further placed reliance on the judgment of Hon'ble Supreme Court in the case of Prakash Singh Vs. Union of India & Others, (2006) 8 SCC 1.

13. Learned counsel for the official respondents, Mr.V.S. Masurkar would argue that this O.A. is premature as the applicant has not made any representation against his transfer order and, therefore, he has not availed the alternate remedy available to him. He submitted that it is well settled law that the transfer is an incidence of service and the Tribunals and Courts should not ordinarily interfere in the transfer matters. He submitted that there was enough material was before the PEB. He submitted that the Additional Chief Secretary (Home) is the In-charge of entire Police Department and looks after law and order and monitors the same from moment to moment. For this purpose, he has been provided officer with official wireless set at his residence also so that he can take corrective steps immediately.

13.1. Mr.Masurkar further submitted that the PEB consists of Additional Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Chief Secretary (Home) as Chairperson, Director General of Police, Maharashtra State, as Vice Chairperson, Commissioner of Police, Brihanmumbai as Member, Director General, Anti-Corruption Bureau, 41 OA No.433/2025 Maharashtra State, Member and Additional Director General of Police (Establishment) as Member Secretary. He submitted that the Additional Chief Secretary (Home) being in-charge of Police Department and law and order in the State of Maharashtra, every event relating to any law and order situation is reported to him immediately. He was very much aware of the activities of the applicant and the law and order situation in the Buldhana District, where communal violence broke out and the applicant has failed to control it. He submitted that in a democracy, it is the Government of the day which is accountable to the people and, therefore, the officers are accountable to the Government. He submitted that there was a lot of adverse media publicity against the Police Department because of the incident of communal violence, illegal activities of the illicit liquor and death of Police Constable because of this illicit activities. He produced copies of media reports to support his argument. All these have put the Government in a very bad light in the media and Government was concerned about the facts that the applicant was not able Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 to improve the situation in the District. Therefore, it was in public interest to transfer him and it was administrative requirement to place some other officer who could improve the situation.
42 OA No.433/2025
13.2. Mr.Masurkar, would further argue that the Police Establishment Board is not required to give detailed reasons for the transfer of any officer. He submitted that in the case of Mr.Jayant Meena since it was in compliance of Privilege Committee of the Legislative Assembly, therefore, the same was required to be mentioned to comply to their report.
13.3. However, in case of applicant there was no such necessity to give the reasons. He further submitted that the Tribunals and Courts cannot go into the sufficiency of the material. He submitted that the incidents of communal violence, increase in illicit activities and death of a Constable have taken place after his posting and there was a lot of adverse media publicity. He submitted that the report submitted by the Special I.G. who was in-charge of Buldhana and supervisory officer of the applicant has submitted detailed reports against the applicant which was in the knowledge of Chairperson of PEB Addl. Chief Secretary (Home) and the Director General of Police of Maharashtra. He further submitted that the Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Additional Director General of Police (Establishment) who is a Member Secretary of the PEB brings dossier files about all the officers before the PEB for their perusal. These dossiers are only shown to the Board and the 43 OA No.433/2025 Board after their satisfaction orders the transfer. He submitted that there is no such requirement in the Maharashtra Police Act that such material should be mentioned in the transfer order and the PEB is not required to give reasons for the transfer.
13.4. He, therefore, submitted that the O.A. is devoid of any merit and requires to be dismissed with cost.
14. Learned counsel for the respondent no.4, Mr.N.K. Rajpurohit defended the impugned order. He submitted that in the case of transfer orders, judicial review can be made only on 3 grounds:
(i) when the order passed by the incompetent authority;
(ii) on the ground of malafide; and
(iii) on violation of statutory rules.
He submitted that the order has been approved by the Competent Authority i.e. Chief Minister of Maharashtra and, therefore, it cannot be said that it was passed by an incompetent authority. He submitted that there is no ground of malafide.

Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1

14.1. Regarding violation of statutory rules, he submitted that there is no violation of statutory rules as the transfer was made on the recommendation of the duly constituted PEB chaired by Addl. Chief 44 OA No.433/2025 Secretary (Home). He places reliance on the judgment of Hon'ble Supreme Court in the case of State of U.P. & Others Vs. Gobardhan Lal, 2004 (11) SCC 402 (Para 7 & 8). He submitted that Section (2) of the Maharashtra Police Act, 1951 contains definition. As per under sub- clause 6(A), 'general transfer' means posting of a Police Personnel in the police force from one post, office or department to another post, office or department in the month of April and May or every year (after completion of normal tenure as Section 1 of Section 22(N).

Clause 6(B) of Section 2 provides mid-term transfers to mean transfers of Police Personnel in the Police Force. As per Section 22(N)(2), mid-term transfer can be made at any time. Proviso to Section 22(N) provides that in case of serious complaint/irregularity/law and order problem the higher Competent Authority can be made the transfer of any Police Personnel without any recommendation of the concerned PEB.

14.2. He submitted that from the Additional Affidavit submitted by the Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 applicant, it can be seen from page 488-503 that there were serious complaints against the applicant. It has been mentioned on page 494 of the Additional Affidavit that the applicant's failure to take decisive action 45 OA No.433/2025 against the illicit activities has created an impression of implicit approval of such activities. Furthermore, he failed to adopt any concrete strategy to control communal tensions and serious criminal incidents. He was completely unsuccessful in ensuring adequate supervision and control over subordinate officers and personnel. As a result, the law and order situation in the district visibly deteriorated, which has been illustrated by the number of communal riots during Ganesh Immersion between 07.09.2024 and 17.09.2024. The IGP, Amravati vide his report dated 07.12.2024 has highlighted that -

• the applicant has failed to immediately inform the higher authorities about the Jalgaon Jamod incident and instead submitted a written report the following day.

• As the immersion procession passed in front of a mosque, adequate police deployment was essential, and the deployed officers and personnel should have maintained vigilant supervision. Their negligence contributed to the outbreak.

• Compared to 2023, a larger police deployment was sanctioned in Hemant Anant Digitally signed by Hemant Anant Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 2024. Hence, the SP's justification that less-than-requested 46 OA No.433/2025 deployment resulted in inadequate presence at certain spots is deemed unjustifiable.
These were serious incidents that could have been prevented with timely action. The communal tensions in Jalgaon Jamod and Shegaon clearly indicate SP Vishwa Pansare's failure to gather intelligence. 14.3. It is evident that he ignored the precautionary guidelines issued by the headquarters for festivals. He also failed to supervise subordinate officers or monitor ongoing developments in the district. As SP, he did not anticipate or mitigate foreseeable risks, thereby raising serious concerns about his leadership capabilities.
14.4. There was also incidence of escape of an accused from Police Custody, communal tensions and unauthorized installation of Statues, failure to control illicit activities and death of a Police Constable due to illicit activities. He submitted that Media Report dated 26.04.2025 also covered the incident of the death of the Constable due to illicit activities.

The incident underscores the ineffective leadership of SP Vishwa Pansare Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 and his lack of control over illicit activities directly contributing to the fatality.
47 OA No.433/2025
14.5. The IGP in his report dated 15.04.2025 has also pointed out apathy in supervision and concluded that the SP Vishwa Pansare has failed to effectively control serious crimes against the persons and property, communal tensions and illicit activities and had not exercised adequate supervision over subordinate officers. The report further pointed out that Shri Vishwa Pansare has ignored repeated instructions from the higher office and failed to comply with official directives, reflecting clear apathy towards his official responsibilities. Further, the report points out indifference towards corruption. There were Confidential Reports by the State Intelligence Department that there were internal dissatisfaction among police ranks, procedural laxity, failure to control crime and an overall breakdown in law and order maintenance. 14.6. The learned counsel, Mr.Rajpurohit further submitted that there is practice in the Police Establishment to maintain the dossier about every officer and the same is presented before the PEB by the Addl. DGP (Estt.) who is Member Secretary of the PEB and the custodian of Confidential Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Folders. He further submits that even in earlier orders, detail reasons for transfer of each officer is not given. Even when the applicant was posted 48 OA No.433/2025 as SP, Buldhan vide order dated 13.08.2024, the same was done on the administrative grounds like reasons given in the impugned order. 14.7. Mr.Rajpurohit further submitted that if the State Government accepts the recommendation of the PEB, no reasons are to be recorded.

The reasons are to be recorded only when State Government does not agree with the PEB recommendations. He further submitted that due to communal riots a show cause notice was issued to the applicant on 20.09.2024 and applicant has filed his reply dated 29.11.2024. He submitted that the judgment of T.S.R. Subramanian (supra) is not applicable to the facts of the case as the said judgment deals with the situations of political interference. In the case under consideration, the transfer was not due to political interference but due to recommendation of the PEB. He submitted that in the year 2015 Police Act was amended and the PEB was constituted. The Police Act does not prescribe separate PEB for mid-term transfer. He further submitted that no representation was made by the applicant.

Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 14.8. Mr.Rajpurohit would further argue that the applicant has not approached with clean hands. Firstly, he claims that he has not been relieved and got interim relief. When it was found that he 49 OA No.433/2025 mis-represented as he was already relieved, interim stay was vacated.

Secondly, he sent O.A. on wrong email address and after getting interim stay sent the O.A. to correct address.

14.9. He submitted that while the applicant claims that how the Respondent No.4 can go to Buldhana from Nagpur which is about 370 km from Nagpur, there is Samruddhi Express Highway and a person can reach from Nagpur within 4 hours by Samruddhi Express Highway to Buldhana, the distance between Buldhana to Mumbai is 470-475 kms, the applicant reported sick at 5.18 pm and submitted medical certificate for better rest, how he came to Mumbai on 22.05.2025 to sign the verification in the O.A. 14.10. He submitted that Mr.Lodha, Additional SP, Buldhana was given additional charge of SP, Buldhana when the applicant reported sick as the charge of SP cannot be left vacant. The handing over and taking over charge report was submitted by the private Respondent No.4. The Tribunal has accepted the fact that Respondent No.4 has joined the post Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 on 22.05.2025 by vacating the interim stay. The said order of the Tribunal dated 04.06.2025 has not been challenged by the applicant. Therefore, it 50 OA No.433/2025 is not correct for the applicant to question the factum of joining of Respondent No.4 on 22.05.2025.
14.11. Mr.Rajpurohit further submits that in Para 8(g) of the O.A. the applicant has averred that he was holding the charge of SP, Buldhana, even though the Respondent No.4 has taken over the charge. He has submitted a chart of 8 IPS Officers who were transferred within a period less than two years:
Sr. Name of IPS Posting/joining prior to Posting after transfer as per No. Police Officer order dated 22/5/2025 order dated 22/05/2025 & (Mr./Mrs.) Reporting Date
1. Anchal Dalal Commandant, State Reserve Superintendent of Police, (At. Sr. Police Force Group No.1, Raigad No.3 of order dt Pune 14/08/2024 22.5.25)
2. Bachchan Singh Superintendent of Police, Commandant, State (At Akola 02/01/2024 Reserve Police Force Sr.no.6) Group No.4, Nagpur 3 Rajtilak Roshan Additional Superintendent Addl. Inspector General of (At Of Police (Law & Order), Police Sr.no.9) Maharashtra State, Mumbai 03/10/2024 4 Mohan Dahikar Deputy Commissioner of Superintendent of Police, (At Police, Thane City Sindhudurg Sr.no.13) 10/08/2024 5 Vishwa Pansare Superintendent of Police, Commandant, State (At Buldhana Reserve Police Force Hemant Anant Digitally signed by Hemant Anant Mahabal Location: Sr.no.14) Mahabal Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 31/08/2024 Group No.9, Amravati (Not yet reported for duty) 6 Nilesh Tambe Superintendent of Police, Superintendent of Police, (At Crime Investigation Buldhana Sr.no.15) Department, Nagpur 31/08/2024 51 OA No.433/2025 7 Tushar Doshi Superintendent of Police, Superintendent of Police, (At Railway, Pune Satara Sr.no.17) 24/11/2023 8 Nitin Bagate Deputy Commissioner of Superintendent of Police, (At Police, Chhatrapati Ratnagiri Sr.no.20) Sambhajinagar City 10/09/2023 14.12. Mr.Rajpurohit has relied upon the following judgments:
(i) K.D. Sharma Vs. Steel Authority of India Ltd. and Others, (2008) 12 SCC 481;
(ii) M/s. Seemax Construction (P) Ltd., Vs. State Bank of India & Another, 1991 SCC OnLine Del 668;
(iii) State of U.P. and Others Vs. Gobardhan Lal, (2004) 11 SCC 402;
(iv) S.C. Saxena Vs. Union of India & Others, (2006) 9 SCC 583;
(v) Hon'ble Bombay High Court in the case of State of Maharashtra & Others Vs. Anuradha Subhash Dhumal & Others, in Writ Petition No.9984/2019 decided on 01.09.2021.

15. Mr.Walia in his rejoinder has submitted that PEB is constituted for transfer of officers who have completed the normal tenure of 2 years. The applicant's case has been put up before PEB as if he completed normal Hemant Anant Digitally signed by Hemant Anant Mahabal tenure of two years. He submitted that comments in RTI reply (page 494) Location:

Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 is similar to the reply affidavit on page 175 and, therefore, it was not available to the PEB.
52 OA No.433/2025

16. We have heard learned counsel for both the sides at length and perused the pleadings and documents on record and also gone through the various judgments cited at the Bar.

17. The short issue involved in this O.A. is whether the impugned transfer order was in violation of Section 22(N) of the Maharashtra Police Act, 1951 and whether the PEB is required to record the reasons for transferring the applicant.

18. Learned counsel for the applicant, Mr.Walia vehemently argued that no material was placed before the PEB for arriving at decision to transfer the applicant. He submitted that the material produced by the respondents before the Tribunal is an afterthought as the Minutes includes the events upto evening while the meeting of the PEB was held at 12 O'Clock. Therefore, the impugned order is in violation of provisions of Section 22(N). He further emphasises that no reasons have been recorded by the PEB in its meeting in the case of the applicant while the reasons have been recorded in the case of Mr.Jayant Meena. Therefore, Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 the impugned order is illegal, passed with malice and requires to be quashed.
53 OA No.433/2025
19. The learned counsel for the respondents, Mr.V.S. Masurkar, on the other hand has submitted that the Addl. Chief Secretary (Home) who is Chairperson of the PEB and Director General of Police, Maharashtra being the Vice Chairperson and Addl. Director General of Police (Establishment) being the Member Secretary of the PEB, they were very well aware of the incidents which have taken place in Buldhana District.

He further submitted that under Section 22(N), there is no requirement to record the reasons by PEB for transferring an officer. The PEB has to only consider whether there was any ground to transfer the applicant and whether the same was in public interest. He submitted that after taking over charge by the applicant, a communal violence took place, there were illicit activities going on and one Police Constable was killed. There was adverse media publicity. The lathi charge was ordered by the S.D.P.O. who is subordinate to the applicant which shows the failure of law and order in the district of Buldhana. The applicant being the Head of the Police in the District he cannot claim that he is not accountable for failure Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 of the S.D.P.O. who has ordered lathi charge and he cannot take this defence that he did not permit it. Being in-charge of the District he was 54 OA No.433/2025 duty bound to control his subordinates but he has failed to control his subordinates, which shows supervisory failure on his part.
20. He further submitted that the Addl. DGP (Estt.) who maintains dossier of every Police Officer puts these dossiers before the PEB and PEB considers them. This practice being followed in Maharashtra. There is no provision in Section 22(N) which requires the PEB to record the reasons. Therefore, he vehemently defended the impugned order.
21. Mr.N.K. Rajpurohit, learned counsel appearing for Respondent No.4 has also supported the arguments of Mr.V.S. Masurkar and further elaborated that the transfer was in public interest.
22. It will be helpful to reproduce the provisions of Section 22(N) of Maharashtra Police Act, 1951 herein as under:-
"22N. Normal tenure of Police Personnel, and Competent Authority.-- [(1) Police Officers in the Police force shall have a normal tenure as mentioned below, subject to the promotion or superannuation:--
(a) for Police Personnel of and above the rank of Deputy Superintendent of Police or Assistant Commissioner of Police a normal tenure shall be of two years at one place of posting;
(b) for Police Constabulary a normal tenure shall be of five years at one place Hemant Anant Mahabal Digitally signed by Hemant Anant Mahabal Location: Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 of posting;
(c) for Police Officers of the rank of Police Sub-Inspector, Assistant Police Inspector and Police Inspector a normal tenure shall be of two years at a Police Station or Branch, four years in a District and eight years in a Range, however, for the Local Crime Branch and Special Branch in a District and the Crime Branch and Special Branch in a Commissionerate, a normal tenure shall be of three years;
55 OA No.433/2025
(d) for Police Officers of the rank of Police Sub-Inspector, Assistant Police Inspector and Police Inspector a normal tenure shall be of six years at Commissionerates other than Mumbai, and eight years at Mumbai Commissionerate;
(e) for Police Officers of the rank of Police Sub-Inspector, Assistant Police Inspector and Police Inspector in Specialized Agencies a normal tenure shall be of three years.

The Competent Authority for the general transfer shall be as follows, namely:--

                                                                Police Personnel                           Competent Authority

                                                                 (a) Officers of the Indian Police     ...       Chief Minister;
                                                                 Service

                                                                 (b) Maharashtra Police Service        ...       Home Minister
                                                                 Officers of and above the rank of
                                                                 Deputy Superintendent of Police

(c) Officers up to Police Inspector ... (a) Police Establishment Board No.2.

(b) Police Establishment Board At Range Level

(c) Police Establishment Board At Commissionerate Level

(d) Police Establishment Board At District Level

(e) Police Establishment Board at the Level of Specialized Agency.

Hemant Anant Mahabal Digitally signed by Hemant Anant Mahabal Location: Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Provided that, the State Government may transfer any Police Personnel prior to the completion of his normal tenure, if,-

(a) Disciplinary proceedings are instituted or contemplated against the Police Personnel; or

(b) The Police Personnel is convicted by a court of law; or

(c) There are allegations of corruption against the Police Personnel; or 56 OA No.433/2025

(d) The Police Personnel is otherwise incapacitated from discharging his responsibility; or

(e) The Police Personnel is guilty of dereliction of duty. (2) In addition to the grounds mentioned in sub-section (1), exceptional cases, in public interest and on account of administrative exigencies, the Competent Authority shall make mid-term transfer of an Police Personnel of the Police Force:

[***] Explanation.- For the purposes of this sub-section, the expression "Competent Authority" shall mean :-
                                                                 Police Personnel                               Competent Authority

                                                                 (a) Officers of the Indian Police      ...     Chief Minister;
                                                                 Service

                                                                 (b) Maharashtra Police Service         ...     Home Minister
                                                                 Officers of and above the rank of
                                                                 Deputy Superintendent of Police

                                                                 (c) Police Personnel up to the rank    ...    Police Establishment Board
                                                                 of Police Inspector for transfer out          No.2.
                                                                 of the respective Range or
                                                                 Commissionerate or Specialized
                                                                 Agency

                                                                 (d) Police Personnel up to the rank          Police Establishment Boards
                                                                 of Police Inspector for transfer             at the Level of Range,
                                                                 Within the respective Range,                 Commissionerate or
                                                                 Commissionerate or Specialized               Specialized Agency, as the
                                                                 Agency                                        case may be;

                                                                 (e) Police Personnel up to the rank          Police Establishment Board
                                                                 of Police Inspector for transfer             at District Level
Hemant Anant
  Mahabal
               Digitally signed by Hemant Anant Mahabal
               Location:
               Date: 2025.10.17 17:03:11+05'30'
               Foxit PDF Reader Version: 2025.2.1
                                                                 within the District

Provided that, in case of any serious complaint, irregularity, law and order problem the highest Competent Authority can make the transfer of any Police Personnel without any recommendation of the concerned Police Establishment Board".
57 OA No.433/2025
A perusal of the above provision makes it clear that a Police Officer can be transferred before 2 years if the conditions prescribed in the proviso to sub-section (2). One of the conditions for transfer before 2 years, law and order are present. It is not in dispute that after the applicant took over on 31.08.2024, a communal violence in Buldhana district broke out on 17.09.2024 during Ganesh Visarjan and lathi charge was ordered by the S.D.P.O. Though the applicant claims that he did not authorized the S.D.P.O. and the S.D.P.O. did not take his permission before ordering the lathi charge, we are of the view that the applicant being the Head of Police in the district he cannot disown the responsibility being the supervisory officer of the S.D.P.O.
23. It is also not in dispute that the Spl. I.G.P. has called the report from the applicant and in his report submitted to the D.G.P., Maharashtra on 20.09.2024, the then Spl. I.G.P. Mr.Chhering Dorji has narrated the incidents of communal violence and failure of Police administration in the Buldhana. He has also enclosed a copy of detailed instructions dated Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:
Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 03.09.2024 issued by the D.G.P. Office for bandobast during Ganesh Visarjan which were not followed in Buldhana (Page 415 to 423 of O.A.).

Subsequently, another Spl. I.G.P. Mr.Ramnath Pokle vide his report to the 58 OA No.433/2025 D.G.P. dated 07.12.2024 has submitted similar reports. It is also not in dispute that the illicit activities and death of a Police Constable on duty due to illicit activities has been reported by the I.G.P. and there was adverse media publicity about the Police.

24. Thereafter, Spl. I.G.P., Amravati Range has sent one more report dated 02.04.2024 to the D.G.P. regarding the death of one Police Constable due to illicit activities in the Buldhana district and also regarding the black flags shown during visit of Hon.Chief Minister (Page 442 & 443 of the OA). He has also highlighted that 22 girls went missing from 21st March to 26th March in the district and there was lot of adverse media report on the issues. The Spl. I.G.P (Law & Order), Amravati Range has sent another DO Letter dated 15.04.2025 to the Addl. D.G.P. (Law & Order) has marked this letter to I.G. (Law & Order) with the following notings:

"This is a very serious report. Please go through it carefully. Take out important points/serious lapses. Put up as file before 23.04.2025."

Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 The same was put up to the Addl. D.G.P. (Law & Order) on 24.04.2025.
25. Thereafter, Spl. I.G.P., Amravati Range has addressed a letter dated 15.04.2025 to the SP Buldhana i.e. the applicant highlighted the 59 OA No.433/2025 deteriorating law and order situation in the district, copy of which was marked to Addl. D.G.P. (Law & Order), Maharashtra (Page 448 to 452 of the OA). All these reports were submitted much before the meeting of PEB and, therefore, it cannot be said that they were not before the PEB or they were prepared as an afterthought or after the meeting of PEB.

Therefore, it cannot be said that there was no material for transferring the applicant by the PEB. The Tribunal is not required to go into the sufficiency of the material as the same is the discretion of the PEB. In view of the above facts, the submission of Mr. Walia that there was no material before PEB is rejected.

26. Regarding the argument of Mr.Walia, learned counsel for the applicant that the PEB has not recorded the reasons, we do not find any provision in Section 22(N) that any reasons are required to be mentioned in the recommendation of the PEB or of Competent Authority. The Hon'ble Bombay High Court in Writ Petition No.14200/2016 in the case of The State of Maharashtra & Another Vs. Shri Siddharth Krushnarao Hemant Anant Kasbe & Another, vide judgment dated 20.01.2017 has held that -

Digitally signed by Hemant Anant Mahabal Location: Date: 2025.10.17 17:03:11+05'30' Mahabal Foxit PDF Reader Version: 2025.2.1 "The recommendations of PEB need not contain reasons in support of the recommendations. It would be sufficient if PEB, in fact, peruses documents and material in respect of the concerned employee. Subjective satisfaction arrived at by 60 OA No.433/2025 PEB and transferring authority need not be probed into in detail and reasons for arrival at conclusion need not be a matter of judicial scrutiny."

27. Regarding the judgments cited at the Bar by both the sides, we are of the view that the various reports submitted by the two different I.G.Ps. In-charge of Buldhana District clearly indicates that there was enough material before the PEB for recommending the transfer of the applicant. Considering the above facts, we are of the considered view that there is no illegality in the impugned order and, therefore, it does not call for any interference by this Tribunal.

28. In view of the above facts and circumstances, we find that the O.A. is devoid of any merit and the same is, therefore, requires to be dismissed and is accordingly dismissed.

29. There shall be no order as to costs.

30. Pending MAs, if any, stand disposed of accordingly.

(Shri Krishna) (Justice M.G. Sewlikar) Hemant Anant Digitally signed by Hemant Anant Mahabal Mahabal Location:

Date: 2025.10.17 17:03:11+05'30' Foxit PDF Reader Version: 2025.2.1 Member (A) Member (J).
H