P.K.LOHRA,J. - (1.) In the instant petition, petitioner, a Govt. employee, has laid challenge to the transfer order with the prayer to quash and set aside the same.
(2.) To challenge the impugned transfer order, petitioner has taken shelter of the transfer policy by urging that he is on verge of superannuation and has questioned the transfer order on the anvil of being violative of transfer policy. Reliance is placed on a Division Bench judgment in case of Dr. Pushpa Mehta v. Rajasthan Civil Services Appellate Tribunal and Ors. [RLW 2000 (1) Raj 233] for substantiating his grievance against the impugned order.
(3.) While it is true that an incumbent employee is well within its right to assail transfer order in appropriate cases but then what would be the appropriate forum for assailing such order is a crucial question, which requires judicial scrutiny. Indisputably, the petitioner is Government servant within the meaning of Section 2(c) of the Rajasthan Civil Services (Service Matters Appellate Tribunal) Act, 1976 (for short, 'Act of 1976'). Moreover, the definition of "Service matter" under Section 2(f) of the Act of 1976 is wide enough to include transfer. While interpreting the expression "service matter", this Court, in case of Narayan Lal Kusal v. Jagdish Prasad Gupta (2003 (1) WLC (Raj) 134) , has held that it includes transfer also. Section 4 of the Act of 1976 envisage duties of the Tribunal, which reads as under: 4. Duties of the Tribunal. - (1) The Rajashan Civil Services Appellate Tribunal shall hear an appeal against the order passed by any officer or authority on any service matter or matters affecting a Government servant in his personal capacity. (2) The Tribunal shall have power to confirm, vary or reverse the order against which the appeal is preferred or to remand the matter for fresh decision in accordance with the directions given by it. Thus, the petitioner is well within his rights to assail the impugned transfer order before the statutory Tribunal by preferring an appeal.;