- (1.) THOUGH the matter comes up on an application under Article 226(3) of the Constitution of India for vacation of ex- parte interm order dated 15.07.2011, yet with the consent of the learned counsel for the parties, the matter is finally heard and is being decided by this order.
(2.) BY this writ petition, the petitioner, who is working as Assistant Engineer in Urban Improvement Trust, Bikaner, has challenged the transfer order dated 29.06.2011 passed by respondent No.2, whereby he has been transferred from Urban Improvement Trust, Bikaner to Urban Improvement Trust, Bhilwara. The petitioner has challenged the aforesaid transfer order mainly on two counts; firstly, there are three other A.Ens. working on deputation in UIT, Bikaner, but without repatriating them, the respondent No.2 has transferred the petitioner vide impugned order in an illegal manner; secondly, the petitioner was a member of the team which removed several encroachments in Bikaner City and due to the said action of the petitioner, several political persons became annoyed and they written various letters to the Hon'ble Chief Minister complaining against the petitioner, and on this count, the petitioner has been transferred. It is contended by learned counsel for the petitioner that since the transfer of the petitioner is politically motivated, the same cannot be sustained.
(3.) ON the other hand, learned counsel-Mr Rajeev Purohit appearing on behalf of the Urban Improvement Trust has denied the claim of the petitioner and has argued that the petitioner has been transferred on account of administrative exigencies only. He has invited my attention towards the various documents annexed with the reply to the writ petition, which indicate that for the purpose of removal of encroachments in Bikaner City, the Urban Improvement Trust has deputed several employees and the petitioner was one of them.;