JUDGEMENT
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(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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