Avdhesh Singh Son Of Shri Indrasan ... vs Rajasthan Rajya Vidyut Prasaran ...
2022 Latest Caselaw 6016 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

                D.B. Civil Special Appeal Writ No. 1010/2022
                                            In
                  S.B. Civil Writ Petition No. 12064/2022
   Avdhesh Singh Son Of Shri Indrasan Singh, Aged About 52 Years,
   Resident Of 3/520, Kala Kuwan, Housing Board, Aravali Vihar,
   District Alwar (Raj.)
                                                                         ----Appellant
                                        Versus
   1.     Rajasthan Rajya Vidyut Prasaran Nigam Limited, Vidyut
          Bhawan, Vidyut Bhawan, Janpath, Jyoti Nagar, Jaipur
          (Raj.) Through Its Managing Director.
   2.     Secretary,      Rajasthan         Rajya      Vidyut        Prasaran   Nigam
          Limited, Vidyut Bhawan, Vidyut Bhawan, Janpath, Jyoti
          Nagar, Jaipur (Raj.)
   3.     Executive Engineer, 220 K.V. GSS, Rajasthan Rajya Vidyut
          Prasaran Nigam Limited, Bansoor, District Alwar (Raj.)
   4.     Tej    Singh    Yadav,      Assistant        Engineer,      (132KV    GSS),
          Fatehgarh, District Hanumangarh (Raj.).
                                                                      ----Respondents

For Appellant(s) : Mr. Arvind Kumar Arora, Advocate with Mr. Bajrang Sepat, Advocate

HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Judgment / Order 31/08/2022

The order passed by learned Single Judge is challenged

mainly on the ground of violation of transfer policy and that the

appellant has suffered frequent transfers. It is also submitted that

in the case of Priyanka Mudgal Versus Rajasthan Rajya Vidut

Prasaran Nigam Limited & Ors. (S.B. Civil Writ Petition No.

12036/2022), wherein the petitioner was also transferred by the

same order within ten months, she has been protected by an

(2 of 2) [SAW-1010/2022]

interim order dated 18.08.2022 passed by the learned Single

Judge.

After hearing learned counsel for the appellant, we find that

the transfer order is challenged mainly on the ground of frequent

transfers and violation of transfer policy. Both these grounds can

be looked into by the competent authority. In the absence of

violation of statutory rules or the mala fide alleged against any

particular officer, much less the transfer authority, we cannot

interfere with the transfer order on the ground of violation of policy

which has been well settled by the Hon'ble Supreme Court in its

catena of decisions that violation of transfer policy does not give

any right to challenge the transfer order as transfer is merely an

incident of service.

However, taking into consideration that the appellant has

been subjected to frequent transfers, we give the appellant liberty

to prefer a fresh representation along with the copy of this order

before the concerned authority. The authority shall consider the

issue of frequent transfers of the appellant and take the decision

on the representation within a period of two weeks from the date

of receipt of the copy of this order along with representation,

provided it is submitted within a period of ten days from today. Till

the decision of the representation, no coercive action shall be

taken against the appellant on the ground of non-joining on the

place where he has been transferred.

Accordingly, this appeal is partly allowed and the order is

modified in the manner as indicated above.

(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ

Mohita /7

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