Govind Mathur, J. - (1.) TO challenge the judgment dated 2.5.2008 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur this petition for writ is preferred. In brief facts of the case are that the Superintendent of Police, Government Railway Police (North), Jodhpur by an order dated 6.4.2008 transferred the petitioner, a Constable from GRP Jodhpur to GRP, Ajmer. The transfer aforesaid was made on basis of certain complaints. By alleging malafides and extraneous considerations challenge was given to the order aforesaid. Learned Tribunal dismissed the appeal in limine by holding that the transfer impugned was effected in administrative exigency without having any extraneous considerations or malafides. It is contended by learned Counsel for the petitioner that the Tribunal while rejecting the appeal preferred by the petitioner failed to appreciate that transfer of the petitioner was founded on a compliant and such a transfer is certainly stigmatic.
(2.) A reply to the writ petition has been filed on behalf of the Heard. The order of transfer bears reference of certain complaints made against the petitioner and those are also considered by the competent authorities while passing the order impugned. It is also true that the complaints made against the petitioner were subsequently withdrawn and contents of those complaints were also not found highly truth -worthy. However, it is well settled that transfer of an employee is an incident of service and the courts should not interfere with an order of transfer unless that is made in violation of a statute or is based on The competent authorities have taken into consideration all prevailing circumstances and objectively reached at a conclusion to transfer the petitioner in public interest and such decision is not open for interference, thus, I am in absolute agreement with the findings given by learned Tribunal that the transfer of the petitioner was in administrative exigency. No interference, therefore, is warranted by this Court while exercising powers under Article 226 and 227 of the Constitution of India.
(3.) THE petition for writ is dismissed accordingly.;