The state government, however, plans to challenge the high court's order in the Supreme Court, Chief Minister Narayan Rane told mediapersons here today. ``We are seeking legal opinion on the high court's order,'' he said, adding that since postings and transfers are the right of the government, it will be difficult to run the administration owing to such interference.

While delivering its judgement, the division bench, comprising Chief Justice Y K Sabharwal and Justice S Radhakrishnan, held that Bhatia's transfer, just days after he assumed charge as commissioner, was ``in the nature of a punishment''. Castigating the state government, it held that theactions and demolitions of the ``admittedly upright and honest officer'' deserved a pat instead.

The bench also rejected the state advocate general's application for a stay on a decision on his reinstatement. The verdict was delivered on public interest litigations filed by Sunanda Das and others, the Express Citizens Forum and Pune Corporator Nitin Jagtap, who had claimed malafides in the commissioner's transfer order.

Bhatia, who assumed charge as municipal commissoner of Pune on March 6, was transferred to the State Archives Department in Mumbai following a demolition drive he initiated, razing over 40 illegal structures in Pune. Some of these structures were reported to be owned by influential persons.

While delivering their judgement, the division bench rejected the submissions of Chief Minister Narayan Rane, who had claimed that an alleged leak of confidential correspondence between Bhatia and the state chief secretary to the press had resulted in the ``administrative order'' to transfer theofficer and initiate an inquiry against him. The state had claimed that Bhatia's presence in Pune during an inquiry would have had an ``adverse effect'' on the corporation's functioning.

The bench rejected this submission basing its observations on newspaper reports dated March 15, including those of The Indian Express, where Rane was quoted as saying the demolition undertaken by Bhatia of structures which were being tolerated by the state through stay orders, had led to his transfer.

The report from The Indian Express, as well as those of the vernacular press, like Sakal and Kesari were recorded by the bench. ``It is difficult to accept the proposition of the CM that there was no nexus between the transfer and the demolitions in the light of the newspaper reports,'' the chief justice noted.

Answering the submissions of counsel for the chief minister, E Venketashwaran, that the newspaper reports were inaccurate, the bench said ``it deserves notice that though in some cases the press reports may not beacurate, it would be uncharitable to assume that in the given circumstances the reports are not substantially correct''.

The bench found the state's reasons of ``adverse effect'' outrageous and defying logic. ``It was not that the inquiry was starting forthwith. In fact, it has admittedly not started even till day... Hence the presence of Bhatia in Pune has no nexus with the inquiry or with the leakage to the press'', the bench noted. ``We fail to comprehend the effect on the working of the PMC during the inquiry... except such actions as required to take against large-scale unauthorised constructions and other illegalities,'' the bench said. ``The decision to transfer Bhatia in the present case defies logic for no reasonable person could have arrived at such a conclusion,''the bench continued.

`More demolitions in offing'
There was a decided bounce in his step and relief in his eyes as the judgement was delivered in Courtroom No 52, reinstating him today. Arun Bhatia, who had cradled his headin his hands on numerous occasions during the hearings on Monday and Tuesday, told mediapersons after the verdict: ``I shall work as usual. If there are any illegal structures, they will be demolished.''

Bhatia, a 1967 batch IAS officer, said he would return to the Pune Municipal Corporation on April 15 even though he had applied for leave till April 17. Thanking the petitioners and his supporters, who had bolstered his spirts during the hearing, he said: ``Women like Sunanda Das have left their chores at home to come here to support me.''