SUNIL KUMAR GARG, J. - (1.) THE instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India against the respondents with a prayer that the impugned order dtd. 4.4.2002 (Annex. 8) by which the petitioner who was holding the post of Ayurvedic Chikitsak was transferred from Dist. Bhilwara to Nagore District be quashed and set aside.
(2.) THE facts as put forward by the petitioner are as under: (i) That the petitioner was initially appointed as Valdya Grade -Ill on 3.10.1071. The petitioner is working as 'Ayurved Chikitsak' at Govt. Ayurved Hospital Rupaheli Kalan via Tehsil Hurda, Dist. Bhilwara. (ii) That the petitioner's services are governed by the Rajasthan Ayurvedic Unani, Homeopathy and Naturopathy Subordinate Service Rules, 1966 (hereinafter referred to as the Rules of 1966). (iii) That respondent No. 3, Divisional Commissioner, Ajmer through impugned order dtd. 4.4.2002 (Annex. 8) transferred the petitioner from Dist. Bhilwara to Dist. Nagaur on the ground that during inspection, he was not found at the head -quarter and thereafter, the Collector, Bhilwara (respondent No. 4) made a recommendation of the transfer of the petitioner. This order of transfer has been challenged in this writ petition. The main submission of the learned Counsel for the petitioner is that the order dtd. 4.4.2002 (Annex. 8) which was passed by the respondent No. 3 in the capacity as Divisional Commissioner, Ajmer is without jurisdiction as he had no authority to pass such orders as he was not the appointing authority of the petitioner and further more, the power to transfer Ayurved Chikitsak was not given to the Divisional Commissioner. Hence, the order dtd. 4.4.2002 becomes void in the eye of law and should be set aside.
(3.) IT may be stated here that the operation of order dtd. 4.4.2002 (Annex. 8) was stayed by this Court vide order dtd. 6.6.2002 and the same is still in force and because of stay order, the petitioner has not been relieved so far.;