High Court of Rajasthan held that a petitioner was liable to be transferred anywhere in the State and refusal to transfer to a vacant post amidst changing postings was not malafide.
impugned order denied.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 1420/2021
Dr. Sanjay Sharma S/o Ramesh Prasad Sharma, Aged About 53 Years, R/o Plo T No. D 2/3, Karni Nagar, Behind Karni Palace, Lal Garh, Bikaner.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Ms. Varsha Bissa (through V.C.) For Respondent(s) : Mr. A.K.Gaur, AAG.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
05/02/2021
This writ petition has been filed by the petitioner aggrieved against the order dated 5/1/2021 (Annex.5), whereby, the petitioner has been transferred from District Livestock Health Mobile Unit, Bikaner to Khinvsar, Nagaur on a vacant post and respondent no.4 has been transferred from Jasrasar, Bikaner to District Livestock Health Mobile Unit, Bikaner.
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[CW-1420/2021]
It is inter alia indicated in the writ petition that the petitioner was appointed on the post of Veterinary Assistant Surgeon/Veterinary In-charge in the year 1995. By order dated 26/2/2019, the petitioner was trasnferred from Sheetla Gate, Bikaner to Subhashpura, Bikaner, whereafter, by order dated 28/8/2019 the petitioner was transferred from Subhashpura, Bikaner to Mobile Unit, Bikaner and by the impugned order he has been transferred from Mobile Unit, Bikaner to Khinvsar, Nagaur.
Learned counsel for the petitioner made submissions that the petitioner has been transferred 200 kms. away from the place of present posting only with a view to accommodate the respondent no. 4. Further allegations have been made that the transfer is outcome of malice and political intervention on account of administrative action taken by the petitioner against respondent no.5, a Veterinary Officer at the Mobile Unit under the petitioner. It was emphasized that the order impugned has been passed to accommodate the respondent no.4, which aspect is evident from the fact that by the impugned order it is specifically indicated that the respondent no. 4 would not be entitled for Travelling Allowance and, therefore, the same is not justified.
Submissions have also been made that present is a case of frequent transfers and that the respondent no.4 has remained posted at Bikaner only and on that count also the action of the respondent in transferring the petitioner only with a view to accommodate respondent no.4 cannot be sustained. It was prayed that the order impugned be quashed and set aside.
Under the orders of a coordinate bench of this Court, a copy of the petition was served on learned Addl. Advocate General and
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on 25/1/2021 he was directed to file affidavit showing the posting of petitioner and respondent no.4 for over last 15 years.
A reply to the writ petition has been filed. Learned AAG appearing for the State made submissions that the allegations made by the petitioner have no substance. The petitioner has been transferred on a vacant post at Veterinary Hospital, Khinvsar in public interest / administrative exigency as the post was vacant for long time. Submissions were made that a perusal of the details submitted pertaining to last 15 years of posting indicate that the petitioner has remained posted within Bikaner City between 17/7/2004 to 24/5/2009, 8/10/2014 to 26/2/2019, 27/2/2019 to 28/8/2019 and 30/8/2019 to 6/1/2021 and within Bikaner District from 25/5/2009 to 30/7/2013 and 31/7/2013 to 7/10/2014, whereas, the respondent no. 4 has remained posted in Bikaner District from 9/8/2000 to 27/2/2019 and 11/1/2020 to 6/1/2021 and only between the period 28/2/2019 to 10/1/2020 he was posted at the office of Joint Director in Bikaner City. Submissions made pertaining to any malafides on the part of respondents in transferring the petitioner were also denied.
It was submitted that the petitioner cannot claim any right to continue to remain posted at Bikaner City and that merely because the respondent no.4 has been accorded posting as per his request cannot be a reason enough to assume that only for the purpose of accommodating him the petitioner has been transferred and, therefore, the petition deserves dismissal.
I have considered the submissions made by learned counsel for the parties and have perused the material available on record.
The allegation made in the petition essentially pertains to frequent transfers and transfer of the petitioner for
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accommodating the respondent no.4 and feeble submissions have been made regarding respondent no.5 influencing such transfer. A perusal of the record indicates that the allegation of frequent transfers has apparently no substance inasmuch as since 2014 the petitioner has remained posted at Bikaner and merely because he was transferred from Primary Veterinary Hospital, Sheetla Gate, Bikaner to Primary Veterinary Hospital, Subhashpura, Bikaner and lastly to Mobile Unit within Bikaner City cannot be termed as transfer for the purpose of alleging the same being frequent, as the grievance raised is that the petitioner has now been transferred to a place 200 km. off Bikaner.
So far as the allegation of malafides based on the fact that the respondent no. 4 has been transferred in petitioner’s place without T.A. by the impugned order, the same cannot by itself lead to the conclusion of any malafide involved. If the petitioner has been transferred to a vacant post and the post becoming vacant on account of such transfer is filled by a Doctor, who has made a request for such a transfer cannot be termed as malafide on the said count and it also cannot be said that the same was a case of accommodation only.
Further, a perusal of the details submitted by the State in terms of the directions given by the Court regarding the period of posting of petitioner and respondent no.4, it is apparent that for last over 17 years the petitioner has remained posted within Bikaner / District Bikaner and from the said period except for about five years, the petitioner has remained posted within Bikaner City, whereas, the respondent no. 4, though has remained posted within District Bikaner since 2000 for over 20 years he has remained posted outside Bikaner City and for one year only he has
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been posted within Bikaner City, as such from facts also it cannot be said that any wrong has been caused to the petitioner. Insofar as transferring the petitioner to a place which is 200 km. off the present place of posting is concerned, the petitioner is liable to be transferred anywhere in the State and, therefore, merely because he has been transferred to a place which is 200 km. away from Bikaner cannot be a ground to seek interference in the order impugned.
The allegation made regarding transfer at the instance of respondent no.5 is without any substance inasmuch as the respondent no. 5 is an officer, who was under the petitioner at Mobile Unit, Bikaner and to claim that the said respondent no. 5 influenced the transfer of his officer is alleging too much without any further material and as such, no cognizance of the bare allegation can be taken.
In view of the above discussion, no case for interference in the order impugned is made out. The writ petition has no substance and the same is, therefore, dismissed.
(ARUN BHANSALI),J
153-baweja/-
2 issues framed by the court
Whether the writ court should interfere with the administrative order transferring a veterinary officer to a distant post to accommodate another officer.
Whether the hearing officer influenced the transfer of the petitioner as alleged.
Dr. Sanjay Sharma
State Of Rajasthan, Through The Principal Secretary, Animal Husbandry Department, Jaipur
The Director, Animal Husbandry, Government Of Rajasthan, Bikaner
The Joint Director, Animal Husbandry, Government Of Rajasthan, Bikaner
Dr. Vishnu Kant Mishra
Dr. Girish Gohil
Arun Bhansali
As recorded by the court registry
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