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3. Heard Mr. Menezes Joslyn A., the learned counsel for the petitioner and the learned A.G.P., representing the respondents/State.

SUBMISSIONS :

4. Learned counsel for the petitioner would submit that in June, 2016, the petitioner was transferred from L.C.B. to Traffic Branch. Since he was transferred to Kannad within a year thereafter, it is a midterm 3 wp5320-2018 transfer. Learned counsel took us through relevant provisions of Section 22A of the Maharashtra Police Act, 1951 ("Act", for short) so as to contend that the petitioner's midterm transfer was in breach of the said provisions. The conditions, which were required to be fulfilled before effecting midterm transfer, have not been complied with. Learned counsel also took us through the reply filed by respondent No.2 to the O.A. According to learned counsel, the averments in the reply would indicate that the petitioner's transfer was effected as there were serious complaints against him that whould have led to creation of law and order problem. According to learned counsel, respondent No.2 usurped the powers, which were not vested in him. According to learned counsel, the reply to the O.A. contained the grounds enumerated in Section 22 (N) of the Act, to effect transfer.

5. Learned A.G.P., per contra, would submit that there were serious complaints against the petitioner, which would have led to creation of law and order problem. Learned A.G.P. also took us through the provisions of Section 22 (N) (1) and (2) of the Act to contend that police personnel, in exceptional cases, in the public interest and on account of administrative exigencies, could be transferred midterm. According to learned A.G.P., the petitioner had been serving at Aurangabad for about ten years immediately before the impugned order of his transfer. As such, the petitioner was overdue for transfer. Learned A.G.P. reiterated the reason given by the MAT for rejection of the O.A.

. The aforesaid provisions would undoubtedly indicate that it is concerned Police Establishment Board, which has been authorized to effect the general transfers. In exceptional cases, it has also been authorized to make midterm transfers in public interest and on account of administrative exigencies.

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12. Be that as it may, the order of transfer records the petitioner to have been transferred for administrative reasons and law and order. It is true that the transfer order has been issued by the Superintendent of Police, Aurangabad. The order, however, records that the transfers were effected by the Police Establishment Board at District level. The transfer on the ground of law and order is nothing short of a transfer on account of having been effectuated in 10 wp5320-2018 public interest. The term "public interest" would take into its fold law and order. The transfer was also said to have been effected for administrative reasons. Whereas Section 22N (2) of the Act speaks of midterm transfer on account of administrative exigencies. Learned counsel for the petitioner tried to make distinction between the terms "administrative reasons"