B.S.CHAUHAN, J. - (1.) THE instant special appeal has been filed under Section 18 of the Rajasthan High Court Ordinance, 1949, against the judgment and order dated 24 -5 -1999, by which the writ petition filed by the appellant -petitioner against the impugned transfer order dated 3 -5 -1999 has been rejected by the learned Single Judge.
(2.) APPELLANT -petitioner, a Upper Division Clerk working in the Office of Executive Engineer, Jalore, was transferred vide order dated 7 -4 -1999 in place of respondent No. 4 Mr. Om Prakash Prajapat, Upper Division Clerk under the Additional Chief Engineer, Irrigation Department, Jodhpur. The said order dated 7 -4 -1999 was cancelled vide impugned order dated 3 -5 -1999 on the representation of respondent No. 4 to the Competent Authority ventilating his grievances regarding posting. Being aggrieved and dissatisfied, appellant -petitioner preferred the writ petition making allegations that the impugned transfer order dated 3 -5 -1999 had been passed in order to accommodate respondent No. 4 in his place by . respondent No. 5 and, therefore, the transfer order, having been passed on extraneous consideration was liable to be quashed. The learned Single Judge, after hearing learned Counsel for the parties, recorded the finding of fact that the appellant -petitioner as well as respondent No. 4 had secured their transfer orders by taking help of political persons and when the appellant -petitioner himself had managed transfer order by political influence, no indulgence could be given to him in discretionary jurisdiction under Article 226 of the Constitution of India and the writ petition was dismissed. Being aggrieved and dissatisfied, the instant appeal has been filed.
(3.) WE have heard Mr. G.K. Vyas, learned Counsel for appellant -petitioner and Mr. M.S. Singhvi, learned Counsel for respondent No. 4/caveator and given our anxious and solicitous consideration to their rival submissions.;