Dharamveer Singh Meena Son Of Shri ... vs Chairman And Managing Director, ...
2021 Latest Caselaw 6421 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

                D.B. Special Appeal Writ No. 888/2021

Dharamveer Singh Meena S/o Shri Vishram Singh Meena, aged
about 38 years, R/o Village Ranglal Ka Pura, Tehsil - Todabheem,
District-Karauli (Rajasthan)
                                                                    ----Appellant
                                    Versus
1.     Chairman and Managing Director, Jaipur Vidhyut Vitran
       Nigam Limited, Vidhyut Bhavan, Jyoti Nagar, Jaipur,
       Rajasthan.
2.     Secretary (Administration), Jaipur Vidhyut Vitran Nigam
       Limited, Vidhyut Bhavan, Jyoti Nagar, Jaipur, Rajasthan.
3.     Superintendent Engineer, (Vigilance) Jaipur Vidhyut Vitran
       Nigam Limited, Distt.-Jaipur, Rajasthan.
4.     Deepak Gurjar, A.En., G-IV, JVVNL, Jhotwara, Jaipur
       (Raj.)
                                                                 ----Respondents

For Appellant(s) : Mr. Nitesh Kumar Garg For Respondent(s) : Mr. Tanveer Ahamad Mr. Devid Mehla on behalf of Mr. S.S. Shekhawat

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MS. JUSTICE REKHA BORANA

Judgment

12/11/2021

This appeal is filed by the petitioner to challenge the order

dated 01/10/2021 passed by the learned Single Judge.

The petitioner is an Assistant Engineer in the Jaipur Vidhyut

Vitran Nigam Limited. In the writ petition, he has challenged his

transfer order dated 27/09/2021 by which he was transferred

from AEN (G-IV), Jhotwara, Jaipur to AEN (Vig) under SE (Vig),

(2 of 2) [SAW-888/2021]

Jaipur. Learned Single Judge dismissed the writ petition, upon

which, this appeal is filed.

It is well settled by a series of judgments of the Supreme

Court that in the matters of transfer, the court has an extremely

limited jurisdiction. In the case of Mrs. Shilpi Bose and others Vs.

State of Bihar and others reported in AIR 1991 SC 532, it was

observed that the courts should not interfere with the transfer

order unless it is shown to be malafide or against the statutory

provision. In the case of State of Punjab and others Vs. Joginder

Singh Dhatt reported in AIR 1993 SC 2486, it is held that it is

entirely upto the employer to decide when, where and at what

point of time a public servant is to be transferred. It is well settled

that transfer is an incidence of service and unless transfer is

shown to be actuated with malafide or against the statutory

provision, the court should not interfere.

Before closing, we may notice that though the petitioner may

have been subjected to frequent transfers, nevertheless, the

present transfer is only within the same city.

In the result, the appeal is dismissed. IA No.1/2021 stands

disposed of.

                                    (REKHA BORANA),J                                                    (AKIL KURESHI),CJ

                                   Anil Goyal/BM Gandhi-PS/30









Powered by TCPDF (www.tcpdf.org)