Balkishan Sharma S/O Late Shri ... vs Union Of India
2023 Latest Caselaw 303 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               D.B. Civil Writ Petition No. 1824/2022

Balkishan Sharma S/o Late Shri Ghisa Lal Sharma, Aged About
52 Years, R/o 173-A, Surya Nagar, Taron Ki Koot, Tonk Road,
Jaipur, Rajasthan. At Present Working On The Post Of Announcer
Grade-III, In The Office Of All India Radio Jaipur, Rajasthan.
                                                                   ----Petitioner
                                   Versus
1.      Union Of India, Through Its Chief Executive Officer, Prasar
        Bharti, All India Radio, Akashwani Bhawan, Parliament
        Street, New Delhi-110001.
2.      Additional Director General (A), (North Zone) Akashwani
        And Doordarshan Zam Nagar House, Shahjahna Road,
        New Delhi-110011.
3.      Deputy Director Engineering, All India Radio (North
        Zone), Mi Road, Jaipur-302001.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Amit Mathur
For Respondent(s)        :     Mr. Mukesh Kumar Meena

HON'BLE THE CHIEF JUSTICE MR. PANKAJ MITHAL HON'BLE MRS. JUSTICE SHUBHA MEHTA

Order

10/01/2023

1. Heard learned counsel appearing for the petitioner and

learned counsel appearing for the respondents.

2. This writ petition had been preferred against the impugned

judgment and order dated 21.12.2021 passed by the Central

Administrative Tribunal (for short, "the Tribunal").

3. The petitioner had approached the Tribunal by means of

original application so as to challenge his transfer order dated

09.11.2021 by which he was transferred from All India Radio,

(2 of 2) [CW-1824/2022]

Jaipur to All India Radio, Jhalawar. The application in original was

dismissed holding that the transfer is not only an incidence of

service but a condition of service and since the transfer order was

not in violation of any statutory provision, it was not liable to be

interfered with. In holding the aforesaid, the Tribunal relied upon

the judgment of Hon'ble Supreme Court in Union of India & Ors.

vs. S.L. Abbas, reported in AIR 1993 SC 2444.

4. We do not find any error or illegality in the order of the

Tribunal dismissing the original application of the petitioner

against his order of transfer.

5. Learned counsel for the petitioner submits that though the

transfer order on the face of it appears to be a simple order of

transfer but under the Right to Information Act, it has been

revealed that the transfer order was passed as there were several

complaints against the petitioner.

6. Be that as it may be, the transfer is not based upon

complaints. The validity of the order of the transfer has to be

judged on the basis of contents rather than on the reasoning

which may be supplemented by means of some other material or

the counter-affidavit or the reply filed in the review application.

7. In view of the aforesaid facts and circumstances, we are not

satisfied that the transfer order is of a punitive nature.

8. Accordingly, we find no merit in this writ petition and the

same is dismissed.

                                   (SHUBHA MEHTA),J                                                   (PANKAJ MITHAL),CJ

                                   Sharma N.K./CHARU SONI /57









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