SUNIL KUMAR GARG, J. - (1.) THE petitioner has filed the present writ petition under Article 226/227 of the Constitution of India oh 1.11.2004 against the respondents with -a prayer that by an appropriate writ, order or direction the transfer order dated 30.9.2004 (Annexure 4) passed by the respondent No. 1 (Dy. Secretary, Medical and Health Department (Group -2), Government of Rajasthan, Jaipur) by which the petitioner was transferred from Rajsamand to Chhinch, Disrtict Banswara on vacant post of St. Medical Officer and judgment dated 7.10.2004 (Annexure -5) passed by the Rajasthan Civil Services Appellate Tribunal (respondent No. 4) by which appeal filed by 1 the petitioner for quashing the transfer order dated 30.9.2004 (Annexure 4) was dismissed, be quashed and set aside.
(2.) IT arises in the following circumstances: (i) That the petitioner was initially appointed on the post of doctor in they year 1987 at Primary Health Centre, Jeelola, District Rajsamand. (ii) Further case of the petitioner is that lastly he was promoted on the post of Sr. Medical Officer and transferred from Primary Health Centre, Kankroli to R.C.H.O., Rajsamand in the same district vide order dated 28.8.2004. (iii) Further case of the petitioner is that in pursuance of order dated 28.8.2004 by which the petitioner was promoted to the post of Sr. Medical Officer, the respondent No. 2 (Chief Medical and Health Officer, Rajsamand) passed the order dated 13.9.2004 (Annexure 1) whereby the petitioner was transferred to R.C.H.O., Rajsamand on the post of Sr. Medical Officer in the same district. (iv) Further case of the petitioner is that pursuant to order dated 13.9.2004, the petitioner was relieved from Primary Health Centre, Kankroli, District Rajsamand and he joined his duties at R.C.H.O, Rajsamand on 15.9.2004. A copy of relieving order dated 15.9.2004 and joining report dated 15.9.2004 are marked as Annexures 2 and 3 respectively. (v) Further case of the petitioner is that vide order dated 30.9.2004 (Annexure 4) passed by the respondent No. 1 (Dy. Secretary, Medical and Health Department (Gr. 2), Jaipur), the petitioner was transferred from Rajsamand to Community Health Centre, Chhinch, District Banswara alongwith 129 other doctors. (vi) Further case of the petitioner is that he had challenged the transfer order dated 30.9.2004 (Annexure 4) by filing appeal before the respondent No. 4 (Rajasthan Civil Services Appellate Tribunal), (hereinafter referred to as the Tribunal) and the learned Tribunal vide order dated 7.10.2004 dismissed the appeal filed by the petitioner inter alia holding that there was no discrimination and mala fide on the part of the respondents in making transfer of the petitioner from Rajsamand to Chhinch, District Banswara on vacant post of Sr. Medical Officer. (v) In this writ petition, the order dated 30.9.2004 (Annexure 4) passed by the respondent No. 1 (Dy. Secretary, Medical and Health Department (Gr. 2), Government of Rajasthan, Jaipur) by which the petitioner was transferred from Rajsamand to Chhinch District Banswara and order dated 7.10.2004 (Annexure 5) passed by the learned Tribunal (respondent No. 4) by which the appeal filed by the petitioner was dismissed have been challenged. In this writ petition, the main case of the petitioner is that since on promotion, vide order dated 13.9.2004 (Annexure 1), he was posted as Sr. Medical Officer at R.C.H.O., Rajsamand and therefore his transfer from Rajasamand to Chhinch, District Banswara after a period of 16 days vide order dated 30.9.2004 (Annexure 4) should be treated as mala fide one and that order dated 30.9.2004 (Annexure 4) was passed due to political reasons and hence, the impugned order dated 30.9.2004 (Annexure 4) and order dated 7.10.2004 (Annexure 5) passed by the learned Tribunal should be quashed and set aside and this writ petition should be allowed.
(3.) NO reply to the writ petition was filed by the respondents and it has . been submitted by the learned Counsel for the respondents that since the petitioner after promotion wan given first posting in the same district i.e. from Kankroli to Rajsamand, but when general transfers were made he was transferred from Rajsamand to Chhinch, District Banswara on vacant post of Sr. Medical Officer vide order dated 30.9.2004 (Annexure 4) and therefore, there was no mala fide in issuing transfer order dated 30.9.2004 (Annexure 4) and the Tribunal has rightly dismissed the appeal vide order dated 7.10.2004 (Annexure 5) and hence no interference be called for in this writ petition and the same deserves to be dismissed.;