The judgement was delivered on an appeal filed by four of the 15 officers transferred out of the city in April this year. They are: Inspector Musa Shaikh and Sub-Inspector Hitendra Vichare of the Goregaon police station, Inspector Shamsher Pathan of the Missing Persons Bureau, Crime Branch and Sub-Inspector Surekha Kapile with Airport Security.

Soon after their transfer orders were issued, the 15 officers went on sick leave and failed to report to their new posts. Besides, the State Home Department was contemplating transferring 35 more officials but had not yet executed their orders.

While delivering his judgement on last week, MAT Chairperson, S D Pandit, said he had received no evidence to support the claim that the four officers had connections withthe underworld. He also dubbed the transfer orders as ``punitive,'' ``stigmatic'' and ``malafide''. The remaining 11 officers are in limbo as they have neither reported to their new posts nor have they moved court.

In his ruling, Pandit notes that the confidential material furnished by the respondents' presiding officer, H D Parcholia, comprised nothing but a letter from the police commissioner, R H Mendonca, to the director general of police, recommending the transfer of these officers as the commissioner had after making inquiries concluded that they had underworld links.

``Merely because the commissioner of police, Mumbai, writes to the DGP without any material to support his conclusion that he has got satisfaction... the stamping of the present applicants with the underworld cannot be justified,'' Pandit said.

He added that none of the deputy commissioners of police under whose jurisdiction the officers worked had written any adverse remarks in their annual confidential reports, except forSub-Inspector Surekha Kapile. In this case, he said, the then DCP (Detection) K L Prasad had noted that when he had asked her about her links with the Arun Gawli gang, she had said she was only cultivating contacts and did not have any connection with the gang whatsoever.

Pandit also expressed surprise that one of the officers, Senior Inspector Abdul Qavi had been promoted after his transfer to the rank of assistant commissioner of police despite his alleged links with the underworld.The tribunal also said it would not have interfered in the matter had the transfer orders been issued without casting blame on the applicants for their `connections with the underworld'.