BRIJ LAL BAGORIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition has been filed with a prayer that the transfer order dated December 22, 1989 (Anx. 1) may be quashed and set aside.

(2.) IT is submitted by Mr. S. K. Gupta, learned counsel that the petitioner is working as Panchayat Extension Officer at Panchayat Samiti, Karauli, where he joind his duties in September, 1989 in pursuance of order dated August, 29, 1989 (Anx. 6), whereby, the petitioner was transferred from Bamanwas to Karauli, whereas respondent No. 4 was transferred from Karauli to Bamanwas. IT is further submitted that since the petitioner apprehended that order (Anx. 6) was likely to be cancelled, at the pressure of respondent No. 4, therefore, a writ petition bearing No. S. B. Civil Writ Petition No. 11/90 was filed on October 17, 1989 praying that respondents No. 1 and 2 be restrained from transferring the petitioner from Karauli to any other place. However, Writ Petition No. 11/ 90 was withdrawn after filing of the present petition. IT is pointed out that the petitioner was transferred from Sambhar lake to Karauli on March 4, 1986 (Anx. 4-A) and respondent No. 4 was transferred from. Karauli to Sambhar lake. The petitioner, in obedience to the above order, joined at Karauli also, but, respondent No. 4 got the above order cancelled vide order dated March 17, 1986 (Anx. 2) and the petitioner was posted back at Sambhar lake. Again the petitioner was transferred from Sambhar lake to Bamanwas vide order dated May 14, 1966 (Anx. 3), where he joined on May 19,1986. However, the petitioner was again transferred from Bamanwas to Sapotra vide order dated September 7, 1988 (Anx. 4) and one Murarilal Kaushik was transferred from Bamanwas to Sapotra. The petitioner joined at Sapotra on September 7, 1988 but at the instance of Shri Kaushik, the order (Anx. 4) was cancelled by order dated December 16, 1988 (Anx. 5) and the petitioner again came to serve at Bamanwas. Now,| the petitioner was transferred Vide order dated August 29, 1989 (Anx. 6) from Bamanwas to Karauli and respondent No. 4 was, transferred from Karauli to Bamanwas which has again been cancelled at the instance of respondent No. 4 by impugned order (Anx. 1 ).

(3.) IN the result, the impugned order dated December 22, 1989 (Anx. 1), by which the petitioner was transferred from Karuali to Bamanwas, is quashed and set aside and the petitioner shall continue to be posted at Karauli as per order dated August 29, 1989 (Anx. 6)