J.C.VERMA,J. - (1.) THE petitioner is aggrieved against the order dated 21.6.2001 (Annexure -9) when he has once again been transferred from General Hospital, Alwar to CHC, Kotkasim in place of Dr. Prem Mittal, respondent No. 4 who had been ordered to take over at General Hospital, Alwar from Kotkasim.
(2.) THIS case has chequered history of transfers. The petitioner is a Junior Specialist (Medicines). He was initially transferred on 12.3.1999 from Kishangarhbas to Genera] Hospital, Alwar vide order dated 12.3.1999, copy of which is attached as Annexure -1, After about one year four months, he was displaced from General Hospital, Alwar to CHC, Reni. One Dr. S.K. Yadav had replaced him vide order Annexure -2 on 22.7.2000. The petitioner was of the opinion that there was no administrative exigency for transferring him on 22.7.2000 to Reni and, therefore, had challenged the order dated 22.7.2000 by filing an appeal before the Rajasthan Civil Services Appellate Tribunal being appeal No. 1361/2000 which appeal was allowed on 19.9.2000 and the order Annexure -2 dated 22.7.2000 was set aside. The Appellate Tribunal was of the opinion that the petitioner could not have been transferred within a period of 1 year 4 months without any administrative reasons. Dr. S.K. Yadav who was effected party in the aforesaid order of the Tribunal challenged the order of the Tribunal by filling Civil Writ Petition No. 4506/2000 but the writ petition was dismissed on 23.10.2000, meaning thereby the posting order of the petitioner in General Hospital, Alwar was maintained. The petitioner was put back in General Hospital, Alwar vide order dated 16.10.2000 by relieving Dr. S.K. Yadav on 21.10.2000 who was asked to join back at his earlier place of posting at Reni vide Annexure -3. Just after 2 -1/2 months when the petitioner was posted back at General Hospital, Alwar, another order was passed on 19.1.2001 transferring the petitioner to Kotkasim by replacing him by Dr. Prem Mittal, who was transferred from CHC Kotkasim to General Hospital, Alwar vide Annexure -4. The petitioner was naturally shocked of such a transfer immediately after about 2 months when he had successfully challenged the order of earlier transfer. The petitioner once again filed an appeal before the Service Tribunal being Appeal No. 318/2001. The Tribunal vide order dated 14.2.2001 had directed the petitioner to file the representation before the Government. The petitioner was aggrieved against the order of the Tribunal and, therefore, challenged its order dated 14.2.2001 in Civil Writ Petition No. 759/2001 before the High Court. The High Court had stayed the operation of the order. Notice was issued to the State. The State in its wisdom withdrew the order dated 19.1.2001 vide its order dated 23.3.2001, copy of which is attached as Annexure -5 to the writ petition. The posting was reversed, the petitioner was once again directed to take over in General Hospital, Alwar and respondent No. 4 was sent back to Kotkasim. Faced with this situation and for the reason that earlier impugned order dated 19.1.2001 stood withdrawn, the writ petition No. 759/2001 was dismissed for having become infructuous. However, while dismissing the writ petition the Hon'ble High Court had kept it open for the State Government to pass the transfer order if the circumstances so require on the administrative reasons, copy of the order of the High Court dated 10.4.2001 is attached as Annexure -6. The State Government yet passed another order dated 21.6.2001 transferring the petition for Alwar to Kotkasim. The order even though may not be malafide, but it was passed because of malice in law, it is alleged. It is further submitted that the order dated 19.1.2001, the earlier order, was withdrawn by the respondent No. 1 vide Annexure -5 and his writ petition was got dismissed as infructuous and after such a withdrawal order having been passed, the petitioner could not have been transferred and no fresh order ought to have been passed against the petitioner.
(3.) REPLY has been tiled by the respondents. The facts as stated are not disputed. It is stated that it is upto the employer to pass an order of transfer if the circumstances so require or oh the administrative reasons and for the contingencies of the administration and transfer order unless it is passed as malafide or by way of victimization, it is not to be interfered by the courts.;