2 weeks Ago By Asseem Shaikh
Pune: The Bombay High Court 's Aurangabad bench upheld the Maharashtra Administrative Tribunal 's (MAT) July 30, 2024 order quashing and setting aside the govt's decision to modify the promotional postings of Pune and Chandrapur regional transport officers (RTOs) by interchanging candidates. The high court (HC), however, stayed the MAT's order for four weeks to enable the petitioners to challenge its ruling before the Supreme Court. The state had issued a govt resolution (GR) on March 16, 2024, declaring promotional postings to 23 RTOs.
Archana Gaikwad was posted as RTO, Chandrapur, while Shyam Lohi was posted at RTO, Pune. The transfers were kept on hold because of the Election Code of Conduct. Post-poll code, the govt issued another GR on June 13, 2024, modifying the postings to the extent of interchanging Gaikwad and Lohi.
The former took charge as RTO Pune and the latter as RTO Chandrapur. The MAT quashed and set aside this modification, prompting Gaikwad, as well as the state govt and the transport commissioner, to move the high court against the MAT order. "The state failed to assign reasons behind modifying the transfer orders," the HC bench of Justice S G Mehare and Justice Sandipkumar C More said on March 18.
The bench noted that Gaikwad made various representations to the state between 2020 and Feb 28, 2024, requesting her posting at RTO in Pune or Pimpri Chinchwad considering the illness of her husband and mother. But as per the March 16, 2024 order, Gaikwad was transferred on promotion to Chandrapur. "Thus, an inference can be safely drawn that the state considered Gaikwad's representations but still chose to transfer her to Chandrapur instead of Pune or Pimpri Chinchwad," the bench observed.
"It is extremely important to note that the other RTO officers transferred as per the GR of March 16, 2024, were given postings after the election code of conduct was over on June 6. Therefore, it is inexplicable on the part of the state as to why the postings of Gaikwad and Lohi were interchanged under the (govt) resolution of June 13, 2024, within six or seven days. There is no reason given for modifying the March 16, 2024 (govt) resolution," the bench said.
Lawyer Avinash Deshmukh, representing Lohi, had argued that the MAT had rightly set aside Gaikwad's transfer (to Pune) as the same was arbitrary and that Lohi was not given an opportunity of hearing before transferring him to Chandrapur. On the other hand, lawyer R N Dhorde, appearing for Gaikwad, had argued that no proposal from the civil services board was required to modify the GR because the state rightly considered Gaikwad's representation and the difficulties she faced because of the illness of her husband and mother. There was no need for the state to give a reason in the modified notification, he submitted.
Assistant government pleader A S Shinde, representing the state and the transport commissioner, submitted that there was no specific procedure laid down under the statutory provisions for modifying promotion on posting. The state was empowered to make modifications in the GR..
