FAKIR MOHAMMAD Vs. STATE OF RAJASTHAN & ORS
LAWS(RAJ)-2011-3-235
HIGH COURT OF RAJASTHAN
Decided on March 28,2011

FAKIR MOHAMMAD Appellant
VERSUS
State Of Rajasthan And Ors Respondents

JUDGEMENT

- (1.) This is an intra court appeal filed by the writ petitioner of W.P. No.1955 of 2011 under Rule 134 of the Rajasthan High Court Rules, 1952 against an order dated 07.3.2011 passed by Single Judge in the aforementioned writ petition.
(2.) By impugned order, the learned Single Judge dismissed the writ petition filed by appellant and in consequence upheld the order of Tribunal which was impugned in the appeal before the Tribunal and later in the writ petition out of which this appeal arises.
(3.) This is what was held by learned Single Judge while dismissing the writ petition of the appellant. By the order dated 4.11.2000 one Shri Buddha Ram was posted as Naib Tehsildar, Kolayat, where the petitioner was working in the same capacity. By another order dated 5.1.2011, the petitioner was posted in Collectorate, Bikaner. Subsequent thereto by order dated 9.12.2000 the services of petitioner were ordered to be utilized as Master Trainer in Census Operation. Being aggrieved by the same, he preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur, that came to be rejected vide judgment dated 3.2.2011. The Tribunal held the transfer of petitioner in administrative exigency. While assailing the same, it is submitted by learned counsel for the petitioner that the Tribunal failed to appreciate that the petitioner was transferred just to accommodate Shri Buddha Ram. I do not find any merit in the argument advanced. The Tribunal considered all the aspects of matter and reached at the conclusion that the courts are not required to interfere with the order of transfer until that is in violation of statute or is an outcome of malafide or is shockingly arbitrary. No such circumstance exists in the present controversy, as such, there is no wrong in the order impugned that may warrant interference of this Court while exercising powers under Article 226 and 227 of the Constitution of India. The petition for writ is dismissed accordingly. ;


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