The High Court dismissed a writ petition assailing a transfer order from Jaipur to Bhilwara and the subsequent appeal dismissal by the Tribunal. Finding no malafide and noting the destination was not far off, the Court refused interference.
The writ petition was dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1160/2021
Girraj Prasad Gupta S/o Laddu Ram Gupta, Aged About 57 Years, R/o 65, Nand Vihar, Sheopur Road, Pratap Nagar, Sanganer, Jaipur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : | Mr. Indresh Sharma |
|---|---|---|
| For Respondent(s) | : | Mr. Ganesh Meena, AAG |
| Mr. Rahul Sehra |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
16/02/2021
The petitioner by way of this writ petition assails his order of transfer from Jaipur to Mahendragarh, Sahada, District Bhilwara, dated 4th January, 2021 and also the order passed by the Rajasthan Civil Services Appellate Tribunal dated 19th January, 2021, whereby his appeal was dismissed.
Learned counsel for the petitioner submits that the petitioner’s father expired recently on 17.10.2020. His wife is suffering from Cancer and no reason has come forward for shifting him from Jaipur to Bhilwara. Learned counsel for the petitioner submits that the respondents have not laid down any Policy and
(2 of 2)
[CW-1160/2021]
the transfers are being made at the whims and fancy and political intervention. Persons who are generally required to continue are being shifted including the petitioner.
This Court finds that the petitioner has admittedly remained in Jaipur District for a reasonably long time and now has been posted to Bhilwara, which cannot be said to be a far-off place.
It is also not case of the petitioner that the treatment of the petitioner’s wife cannot be conducted in Bhilwara. Taking into consideration the aforesaid aspects and that there is no mala-fide alleged, I am not inclined to interfere with the transfer order or order passed by the Tribunal.
The writ petition is dismissed accordingly. It is always open for the petitioner to submit representation pointing out his difficulties in terms of the Conduct Rules of 1971 to the authorities who would be obliged the examine the representation.
All pending applications also stand disposed of.
(SANJEEV PRAKASH SHARMA),J
POORAN CHAND GUPTA /68
2 issues framed by the court
Whether the High Court can interfere with the transfer order of a government serving officer to a district not considered far away.
Whether the failure to lay down a transfer policy justifies quashing the transfer of the petitioner.
Girraj Prasad Gupta
Principal Secretary, School Education, Govt. Secretariat, Jaipur
Director Secondary Education, Rajasthan Bikaner
Jagdish Narayan Meena
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
