Alok Sharma, J. - (1.) UNDER challenge is the order dated 11.05.2015, passed by the Rajasthan Civil Service Appellate Tribunal, Jaipur (hereinafter "the Tribunal") dismissing the petitioner's appeal against his transfer order dated 19.09.2014 whereby he was transferred from the post of SME (Vigilance), Jaipur to Technical Advisor DMG, Udaipur. Quite obviously the transfer order dated 19.09.2014 is also under challenge.
(2.) MR . R.P. Singh, Sr. Advocate appearing with Mr. Shashi Kant Saini, for the petitioner has submitted that even though the petitioner has a residential house at Udaipur where his children are studying and he has no inconvenience with his transfer per se, yet challenge thereto was made before the Tribunal and is now laid before this Court on point of principle as also to protect his reputation. Sr. Counsel submitted that the petitioner was posted out as SME (Vigilance), Jaipur to Udaipur on the behest of the Mining Mafia operating in Makrana, Udaipur and Kota and the transfer was/is neither for reason of administrative exigency nor in public interest. Instead it is vitiated by mala fides. In support of the attack on the transfer a mala fide, reference has been made to the following facts: Posted as SME (Vigilance), Jaipur under the order dated 04.02.2014, the petitioner states to have started an extraordinary drive and took action against illegal mining. He lodged 16 FIRs against the lease holders and others engaged in such activities and visited many with penalties, of which 60 lakhs were recovered within a period of a few months of the petitioner's posting as SME (Vigilance), Jaipur. As SME (Vigilance), Jaipur, the petitioner was then specially required to carry out an inquiry on the complaint of one Naushad Ali son of Shri Liyakat Ali after an earlier inquiry by the AME (Vigilance), who had imposed upon the lease holders of ML No. 106/1 and 106/2 a penalty of Rs. 20 lakhs. The petitioner found from his inquiry that the lease holders of ML. No. 106/1 and 106/2 had indulged in massive avoidance of payment of royalty and also in illegal mining over sawai chak (government land) resulting in an overall loss of State revenue to an extent of about 18 crores. The report was submitted on 18.09.2014. A copy thereof had been marked to AME (Vigilance), Makrana prior thereto on 17.09.2014 itself. A FIR was lodged thereupon at Police Station, Makrana. It has been submitted that no sooner the petitioner's report dated 18.09.2014 was submitted to the Department, on the day following i.e. 19.09.2014, the petitioner was transferred to Udaipur. And the petitioner's transfer was thus clearly linked to the submission of his report against the lease holders of ML Nos. 106/1 and 106/2 and an obvious blowback on account of the petitioner's "punctilious performance of his duties resulting into stepping on some toes that were politically sensitive and economically influential." Aggrieved of the transfer order dated 19.09.2014, the petitioner approached the Tribunal in appeal No. 1032/2014. Therein vide order dated 20.10.2014, the petitioner's transfer was stayed consequent to which he continued on the post of SME (Vigilance) at Jaipur. And while the petitioner was under protection of the Tribunal's order dated 20.10.2014, on a starred Assembly question, raised by a MLA, relating to illegal mining activity in the close vicinity of abadi areas in Ramgarh Tehsil, District Alwar, a three member Committee (all ex -officio) including the petitioner was constituted by the Director, Mines and Geology, Udaipur vide order dated 23.2.2015 to physically verify the mining leases in issue, report and facilitate filing of the reply to the starred question in the Assembly. It has been submitted that the Committee carried out physical verification of the mining activities of four of the over forty mining leases targeted between 23.02.2015 and 26.02.2015 and a report in regard thereto submitted on 26.02.2015 finding that all four were operating in contravention of law. It has been submitted that all the four lease holders have powerful connection and had been carrying their illegal mining activities despite the orders to the contrary by NGT and various Courts and even observations of the Hon'ble Apex Court. It has been submitted that no sooner that the report was submitted on 26.02.2015, the petitioner was again targeted with a fresh salvo, removing him from the Committee for inspection and requiring him to look after cases of the Mining Department pending before the Hon'ble Supreme Court and NGT. Simultaneously the charge of SME (Vigilance), Jaipur was handed over to one N.K. Bairwa, substantively only a Mining Engineer in a tearing hurry only to block the petitioner's missionary zeal against illegal mining and the operating Mafia.
(3.) SR . Counsel submitted that the order dated 26.02.2015 removing the petitioner as a member of the Inspection Committee is further indicative of malice against the petitioner informing his transfer dated 19.09.2014. The order dated 26.02.2015 even though subsequent to the order of transfer dated 19.09.2014 in fact buttresses the petitioner's case that he was deliberately targeted as SME (Vigilance), Jaipur under the pressure of the mining Mafia in Makrana, Alwar, Kotputli, Sikar and Jhunjhunu and victimized for his pro -active discharge of his duties in public interest.;