Rajasthan High Court
Ved Prakash Meena Son Of Shri ... vs State Of Rajasthan on 20 October, 2022
Bench: Inderjeet Singh
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 15037/2022
Ved Prakash Meena Son Of Shri Sharwan Lal Meena, Aged About
52 Years, Resident Of C-68, Mother Terresa Nagar, Malviya Nagar
Byepass Gatore Mod, Jaipur.
----Petitioner
Versus
1. State Of Rajasthan, Through Its Principal Secretary,
College Education Department, Government Secretariat,
Jaipur.
2. Commissioner, College Education, Commissionerate,
Jaipur.
3. Principal, Government College, Bassi, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ashok Bansal.
For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
20/10/2022
This writ petition has been filed by the petitioner challenging
the transfer order dated 24.08.2022 passed by the respondents
as well as the order dated 30.09.2022 passed by the Rajasthan
Civil Services Appellate Tribunal, Jaipur (hereinafter to be referred
as 'Tribunal') whereby the appeal filed by the petitioner against
the transfer order dated 24.08.2022 has been dismissed.
Brief facts of the case are that the petitioner was transferred
from Government College, Bassi, Jaipur to Government College,
Dungarpur. Being aggrieved by the said order, the petitioner filed
an appeal No.3671/2022 before the Tribunal which was dismissed
(2 of 5) [CW-15037/2022]
by the tribunal vide order dated 30.09.2022. Hence, this writ
petition has been filed by the petitioner challenging the order
dated 30.09.2022 passed by the tribunal as well as the transfer
order dated 24.08.2022.
Counsel for the petitioner submits that the petitioner has
been transferred by the respondents at a distance of 700 kms.
Counsel further submits that after transfer of the petitioner
Surendra Kumar Saini has been posted in place of the petitioner
on work arrangement basis which is total non application of mind
by the respondents. Counsel further submits that the petitioner is
a senior most Lecturer in the College and he has made certain
complaints for not giving him the charge of Principal on account of
which he has been transferred.
Heard counsel for the petitioner and perused the record.
The Hon'ble Supreme Court in the matter of Union of India
and Anr. Vs. Deepak Niranjan Pandit and Anr. reported in
(2020) 3 Supreme Court Cases 404 in para Nos. 3 and 4 has
held as under:-
"3.The High Court, in interfering with the order
of transfer, has relied on two circumstances.
Firstly, the High Court has noted that as a
result of the stay on the order of transfer, the
headquarters of the respondent will remain at
Mumbai and even if he is to be suspended, his
headquarters will continue to remain at
Mumbai. The second reason, which was
weighed with the High Court, is that the
spouse of the respondent suffers from a
cardiac ailment and is obtaining medical
treatment in Mumbai. In our view, neither of
these reasons can furnish a valid justification
for the High Court to take recourse to its
extraordinary jurisdiction under Article 226 of
the Constitution in passing an order of
injunction of this nature. Significantly, the High
Court has not even found a prima facie case to
(3 of 5) [CW-15037/2022]
the effect that the order of transfer was either
mala fide or in breach of law. The High Court
could not have dictated to the employer as to
where the respondent should be posted during
the period of suspension. Individual hardships
are matters for the Union of India, as an
employer, to take a dispassionate view.
4.However, we are categorically of the view
that the impugned order of the High Court
interfering with the order of transfer was in
excess of jurisdiction and an improper exercise
of judicial power. We are constrained to
observe that the impugned order has been
passed in breach of the settled principles and
precedents which have consistently been
enunciated and followed by this Court. The
manner in which judicial power has been
exercised by the High Court to stall a lawful
order of transfer is disquieting. We express our
disapproval".
The Hon'ble Supreme Court in the matter of 'Rajendra
Singh & Ors. Vs. State of Uttar Pradesh & Ors. reported in
(2009) 15 Supreme Court Cases 178, where in para Nos. 8, 9
& 10, it has been held as under:-
"8. A Government Servant has no vested right
to remain posted at a place of his choice nor
can he insist that he must be posted at one
place or the other. He is liable to be
transferred in the administrative exigencies
from one place to the other. Transfer of an
employee is not only an incident inherent in
the terms of appointment but also implicit as
an essential condition of service in the absence
of any specific indication to the contrary. No
Government can function if the Government
Servant insists that once appointed or posted
in a particular place or position, he should
continue in such place or position as long as
he desires (see State of U.P. v. Gobardhan Lal;
SCC P.406 para 7).
9. The courts are always reluctant in
interfering with the transfer of an employee
unless such transfer is vitiated by violation of
some statutory provisions or suffers from mala
fides. In Shilpi Bose v. State of Bihar & Ors.1,
this Court held : (SCC p.661, para 4)
"4. In our opinion, the courts should
not interfere with a transfer order
which is made in public interest and for
(4 of 5) [CW-15037/2022]
administrative reasons unless the
transfer orders are made in violation of
any mandatory statutory rule or on the
ground of mala fide. A government
servant holding a transferable post has
no vested right to remain posted at one
place or the other, he is liable to be
transferred from one place to the other.
Transfer orders issued by the
competent authority do not violate any
of his legal rights. Even if a transfer
order is passed in violation of executive
instructions or orders, the courts
ordinarily should not interfere with the
order instead affected party should
approach the higher authorities in the
department. If the courts continue to
interfere with day-to- day transfer
orders issued by the government and
its subordinate authorities, there will be
complete chaos in the administration
which would not be conducive to public
interest. The High Court overlooked
these aspects in interfering with the
transfer orders."
10. In N.K. Singh v. Union of India, this Court
reiterated that : (SCC p. 103; para 6)
"6. ... the scope of judicial review in matters of
transfer of a Government Servant to an
equivalent post without adverse consequence
on the service or career prospects is very
limited being confined only to the grounds of
mala fides or violation of any specific
provision...."
This writ petition filed by the petitioner deserves to be
dismissed for the reasons; firstly, the petitioner who is a
Government employee cannot claim to serve at a particular place
of his choice, in view of the judgment passed by the Hon'ble
Supreme Court in the matters of Union of India & Rajendra
Singh (both supra); secondly, the petitioner is working at the
present place of posting since 2019; thirdly, in the facts and
circumstances of the present case, no case is made out for
interference by this court in the impugned orders.
(5 of 5) [CW-15037/2022]
In that view of the matter, this writ petition stands
dismissed.
All the pending applications stand disposed of.
(INDERJEET SINGH),J
MG/123
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