ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Dr. Ashok Kumar has filed this writ petition against his transfer order Annexure-1 dated 23. 1. 1990, which was passed during the election process, when there was a complete ban on transfers as per Annexure-2 dated 1. 1. 1990.

(2.) THE contention of the petitioner is that the person who passed the transfer order Annexurer-1 was not authorised to pass such transfer order and secondly, this transfer has been made in order to accommodats respondent No. 3 Dr. Anand Raj Kalla, under some political pressure at his behest. He has submitted that it is a mid-term transfer and therefore it is against the Govt. and public policy. According to the petitioner, the above action is in colourable exercise of the powers by transferring and disturbing the petitioner at least during the period when there was complete ban on transfers and further it was a mid term transfer and therefore, if it is allowed to stand, it will result in allowing such abuse of powers with a malafide intention.

(3.) IT was submitted by Mr. R. K. Charan, the learned counsel appearing for the petitioner that the Stategovt. has further imposed a ban on transfer and, therefore, the order Annexure-1 which has been passed during the election process cannot be sustained on account of a further ban on transfers and the petitioner cannot be relieved from Jodhpur. He has filed copy of that Circular which has been issued recently by the State Govt. imposing ban on transfers.