ANAND PRAKASH SOLANKI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the present writ petition, the petitioner has raised a grievance regarding his transfer.

(2.) THE petitioner was an Officer belonging to the cadre of Rajasthan Higher Judicial Service. In 1996 he was working as Special Judge (SC/st Cases) and Additional Sessions Judge, Bikaner. At the relevant time, composition of various District Forums in the State was to be completed. THE petitioner was qualified to be appointed as President of a District Forum. After being considered, the petitioner was appointed as President, District Consumer Protection Forum, Pali (referred hereinafter as `the Forum') vide order dated 9. 2. 1996. THE order has been produced as Ex. 1 with the writ petition.

(3.) THE petitioner was functioning as a persona designata on the post of President, District Consumer Protection Forum. No transferable cadre has ever been thought, conceived or considered for completing the composition of District Consumer Protection forums. Each Forum was to be constituted independent of there being any right of transfer with the State Government. THEre was no regular cadre available with the State to complete the composition of District Forums, transfer as incidence of service cannot be seen into the term of appointment of Member, District Consumer Protection Forum. THE persons who will be appointed to the forum will not be able to be considered for being reappointed to the service after completion of the term of 5 years. That being the position, it cannot be conceived that a person will agree to an appointment where he can be subjected to the vagaries of being shifted from one place to another in a short term. This is too onerous a condition for a limited period appointment.