YASHPAL MENDIRATTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner is aggrieved against the order dated 21.6.2001 (Annexure -9) when he has once again been transferred from General Hospital, Alwar to CHC, Kotkasim in place of Dr. Prem Mittal, respondent No. 4 who had been ordered to take over at General Hospital, Alwar from Kotkasim.

(2.) THIS case has chequered history of transfers. The petitioner is a Junior Specialist (Medicines). He was initially transferred on 12.3.1999 from Kishangarhbas to Genera] Hospital, Alwar vide order dated 12.3.1999, copy of which is attached as Annexure -1, After about one year four months, he was displaced from General Hospital, Alwar to CHC, Reni. One Dr. S.K. Yadav had replaced him vide order Annexure -2 on 22.7.2000. The petitioner was of the opinion that there was no administrative exigency for transferring him on 22.7.2000 to Reni and, therefore, had challenged the order dated 22.7.2000 by filing an appeal before the Rajasthan Civil Services Appellate Tribunal being appeal No. 1361/2000 which appeal was allowed on 19.9.2000 and the order Annexure -2 dated 22.7.2000 was set aside. The Appellate Tribunal was of the opinion that the petitioner could not have been transferred within a period of 1 year 4 months without any administrative reasons. Dr. S.K. Yadav who was effected party in the aforesaid order of the Tribunal challenged the order of the Tribunal by filling Civil Writ Petition No. 4506/2000 but the writ petition was dismissed on 23.10.2000, meaning thereby the posting order of the petitioner in General Hospital, Alwar was maintained. The petitioner was put back in General Hospital, Alwar vide order dated 16.10.2000 by relieving Dr. S.K. Yadav on 21.10.2000 who was asked to join back at his earlier place of posting at Reni vide Annexure -3.

(3.) REPLY has been tiled by the respondents. The facts as stated are not disputed. It is stated that it is upto the employer to pass an order of transfer if the circumstances so require or oh the administrative reasons and for the contingencies of the administration and transfer order unless it is passed as malafide or by way of victimization, it is not to be interfered by the courts.