#transfer Archives - Prime Legal

Case Title:- Swasthishri Jinsen Bhattark Pattacharya,Mahaswami Sanstha Math (Karveer) Versus Union of India and Ors.

Case No:- Writ Petition No. 3713 OF 2024

Decided on:- 13th March,2024

Quorum:-A.S.CHANDURKAR & JITENDRA JAIN, JJ.

Facts of the case:-The elephant named Mahadevi (Madhuri) stated to be owned by the Petitioner is sought to be transferred to the Radhe Krishna Temple Elephant Welfare Trust. This direction has been issued in the light of the letter received from PETA for transfer of the aforesaid elephant.

Petitioner Contentions:-

It is submitted by the learned Counsel for the petitioner that the petitioner owns the said elephant and in terms of Section 40(2) of the Wild Life Protection Act, 1972 it has received a declaration to that effect. Without granting an opportunity of hearing to the owner, its elephant is being transferred. It is further submitted that adequate care of the elephant is being taken by the petitioner and its transfer is not warranted.

Respondent Contentions:-

The learned Counsel appearing for Respondent Nos. 1 and 3 to 5 seek time to obtain instructions. Mr. Singh, learned counsel submits that he has instructions to appear on behalf of the Respondent No. 6 trust in whose favour the transfer of the elephant has been directed. We find from the record that a declaration has been issued in favour of the petitioner under Section 40(2) of the Act of 1972. On the basis of the letter issued by PETA, the impugned order has been passed on 28/12/2023.

Court Analysis and Judgement:-

The High Power Committee is requested to consider the representation dated 7/2/2024 that has been made to it by the petitioner by taking a decision thereon within a period of fifteen days after giving opportunity to all concerned parties. The learned counsel appearing for Respondent No. 6 trust on instructions submits that till such time the representation is considered and decided, it would not take steps to transfer the said elephant to Jamnagar. In view of this statement made, Respondent Nos. 3 to 5 shall defer their action in this regard till such a decision is taken. It is clarified that this court has not expressed any opinion on the representation as made and the High Power Committee is free to consider all relevant aspects while deciding the representation. The action as would be proposed to be taken on the basis of the High Power The committee’s decision shall be given effect to after seven days from the communication of such a decision to the petitioner.

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Judgement Analysis Written by – K. Immey Grace

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TITLE : Dhananjay Bhagwandas Devi V State of Maharashtra

CORAM : Hon’ble Justice A.S Chandurkar and Justice Firdosh P. Pooniwala

DATE : 22^nd December, 2023

CITATION : WP No. 4920 of 2023

FACTS

The petitioners were appointed as Associate professors at the college of engineering and polytechnic in a society. The petitioners were transferred from Karnaveer Bhaurao Patil college of engineering to Karmaveer Bhaurao Patil Polythenic varye. The petitioners are aggrieved on the said transfer as they were assistant professors in the first institution which was affiliated to All India Council of Technical Education whereas the second institution is recognized as a school under Section 2(24) of the Maharashtra Employees of Private School Regulation Act,1977. During the pendency of the trial, both the petitioners were suspended and the same is being challenged along with the deduction of post. It was argued by the petitioners that there was no alternative remedy to file for grievances and no grievance committee was constituted as required by section 86 of the Dr, Babasahed Ambedkar Technological University Act, 2014 as the engineering college is affiliated with the same institute.

LAWS INVOLVED

Section 86 of the the Dr, Babasahed Ambedkar Technological University Act, 2014

Other committees.– Every authority of the University shall have the power to appoint committees including grievance committee for dealing with any matter within its purview, and such committees may include person, other than members of the authority itself, not connected with the University :

Provided that, the Board of Studies and other authorities shall not appoint persons to such committees who are not members of the authority appointing the committee, except with the previous approval of the Vice- Chancellor.

ISSUES

Whether the petitioners had alternative remedy?
Whether the transfer of posts valid?
Whether the suspension order in accordance with law?

JUDGEMENT

The court observed that a grievance cell was constituted under a notification passed. The court further observed that a grievance cell is not equivalent to grievance committee under Section 86 of the Act of 2014. The court found sufficient reason to believe that the petitioners have no other alternate remedy available.

The polytechnic college is not affiliated with the act of 2014 but instead the Act of 1977 under the category of school, whereas on the other hand the engineering college is affiliated with the 2014 Act and is a recognized university. The court observed that the polytechnic college did not have the post of assistant professor since it is still technically a school. Therefore the court held that the transfer was not in accordance with law as there was no equivalent transfer of posts.

On the issue of the suspension order, the court held that a suspension on the basis of disciplinary grounds should not be more than 3 months. The suspension was done on May 2023. Since more than 5 months have passed out, the court held that the suspension on the ground for enquiry basis was right but the mere fact of holding suspension for an indefinite period is unwarranted.

Written by- Sanjana Ravichandran

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