The Single Judge Bench issued a final order vacating an interim stay on a transfer cancellation. The Court dismissed the petitioner's writ petition, holding that the transfer was not exhausted and the cancellation was a valid administrative exigency.
The writ petition was dismissed; the interjm order staying the cancellation order was vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SBCWP No.4460/2008 - Vijay Shanker Sharma v. State of Raj. & others Date of order:09.03.2009 1 of 3
S.B. C.W.P. No.4460/2008 Vijay Shankar Sharma v. State of Rajasthan & others
Date of order: 09.03.2009
HON'BLE MR JUSTICE GOVIND MATHUR
Mr J.K. Kaushik, for the petitioner Dr G.R. Kalla, Government counsel
Mr Ramavtar Choudhary, for respondent No.5
By order dated 18th June, 2008, the petitioner- a Senior Teacher (General), was transferred from Government Senior Secondary School, Chadwas, District- Churu to PCB Sujangarh, District- Churu vice Shri Ishwar Singh. The order aforesaid came to be cancelled qua petitioner and respondent Shri Ishwar Singh under an order dated 28th June, 2008 passed by the Deputy Secretary, Secondary Education, District- Churu. Being aggrieved by the same, petitioner preferred this petition for writ before this Court. An ad-interim order was passed on 11th July, 2008, staying operation and effect of the order aforesaid. To vacate the same, an application is preferred as per provisions of clause (3) of Article 226 of the Constitution of India.
With the consent of parties, the matter is heard finally.
SBCWP No.4460/2008 - Vijay Shanker Sharma v. State of Raj. & others Date of order:09.03.2009 2 of 3
It is stated by learned counsel for the petitioner that in pursuance to order of transfer dated 18th June, 2008, petitioner stood relieved from Government Senior Secondary School, Chadwas on 26th June, 2008 and on the very next day, he joined duties at transferred place; as such, the order of transfer stood exhausted. As per learned counsel for petitioner after getting an order of transfer exhausted, no order cancelling the order of transfer could have been passed.
Per contra, as per respondents, the petitioner was transferred from Chadwas to PCB, Sujangarh at his own request vice respondent- Shri Ishwar Singh. Shri Ishwar Singh submitted a representation to reconsider the decision of transfer on the count that he is going to retire soon. Considering the representation of Shri Ishwar Singh, the order of transfer was cancelled. It is stated that the grievance of respondent- Shri Ishwar Singh was redressed in view of existing policy for transfers.
Heard learned counsel for the parties.
I do not find any merit in the contention that order of transfer could not have been subjected to cancellation as that
SBCWP No.4460/2008 - Vijay Shanker Sharma v. State of Raj. & others Date of order:09.03.2009 3 of 3
already stood exhausted on joining of the petitioner at transferred place. On examination of facts, it is apparent that the order of transfer was not at all exhausted. The order was made on 18th June, 2008 and cancellation of that was made on 28th June, 2008 and till then respondent- Shri Ishwar Singh was not relieved and he was working at the Government Senior Secondary School, PCB Sujangarh.
Besides that, it is well settled that transfer or its cancellation is an incident of service and no interference with such administrative orders is required to be made unless there is violation of statute or those are outcome of mala fides or are shockingly arbitrary. No such circumstance existed in the present case. Cancellation of the transfer made appears to be in administrative exigency. Therefore, the petition for writ is dismissed.
[GOVIND MATHUR],J.
mma
2 issues framed by the court
Whether a transfer order that became exhausted upon joining the new posting can be subsequently reversed.
Whether interference is warranted in the cancellation of an administrative transfer order without statutory violation, malafides, or arbitrariness.
1 provisions across 1 enactments
Vijay Shankar Sharma
State of Rajasthan
Shri Ishwar Singh
Go vind Mathur
Govind Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
