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Service & Administrative LawSupreme Court of India

Dr. Nagorao Shivaji Chavan v. Dr. Sunil Purushottam Bhamre & Ors.

Civil Appeal · 2018 INSC 1062Decided 15 Nov 2018
Civil Appeal No. 10991 of 2018
Justice Arun Mishra · Justice Vineet Saran

Background

Two government doctors in Maharashtra were both posted/transferred to Civil Surgeon, Jalgaon, by a single administrative transfer order dated 05.08.2017 that also moved 67 other doctors. Respondent No. 1 (then holding the Jalgaon post) was being moved out after an inquiry found prima facie financial irregularities and insubordination against him, with the appellant slated to take his place. Respondent No. 1 successfully challenged the transfer before the Maharashtra Administrative Tribunal, and the High Court declined to interfere, leading to this appeal by the doctor who was supposed to take over the post.

Decision Breakdown

The Supreme Court held that the Tribunal and High Court erred in relying on Sections 3 and 4 of the Maharashtra Government Servants Regulation of Transfers Act, 2005, which prescribe a normal three-year tenure. The Court clarified that the word "ordinarily" in Section 4 permits transfers before completion of tenure where there are genuine administrative exigencies, and there is no absolute bar on early transfer. Given the substantiated complaint of financial irregularity and insubordination against Respondent No. 1, and his past record of not joining an earlier transfer posting for over five years, the Court found the transfer order justified and not an abuse of power. The appeal was allowed, the Tribunal and High Court orders were set aside, and the Court directed that if Respondent No. 1 did not join his new Mumbai posting within 15 days, the State Government should initiate disciplinary proceedings against him.

Lesson Learnt

A government employee's "normal" three-year tenure in a post is not an absolute right: transfers made in good faith for genuine administrative reasons (such as substantiated misconduct findings) can lawfully occur earlier, and courts will only strike down a transfer order if it is shown to be driven by mala fide or extraneous motives.

Dr. Nagorao Shivaji Chavan v. Dr. Sunil Purushottam Bhamre & Ors. – Legal Case Shots | LegalAware