RAMSWAROOP SHARMA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, the Petitioner has challenged the order dated 29.9.2010, whereby the Petitioner has been transferred from Nagar to Sapotara and the order dated 11.2.2011, whereby the representation given by the Petitioner in pursuance of the order of the Rajasthan Civil Services Appellate Tribunal, Jaipur (here -in -after to be referred to as 'Tribunal), has been rejected.

(2.) HAVING heard the learned Counsel for the Petitioner, it is noticed that albeit vide order dated 29.9.2010, the Petitioner was transferred from Nagar to Sapotara, but since no TA and joining time allowed to him, he preferred an appeal before the Tribunal. The learned Tribunal placed reliance upon the judgment rendered by this Court in the case of Bhagwan Das Mittal v. State of Rajasthan and Ors. reported in 2007 (2) ILR 502; the judgment rendered by Hon'ble Apex Court in the case of Shilpi Boss v. Bihar reported in : AIR 1991 (SC) 532 and State of Madhya Pradesh v. S.S. Kaurav reported in : 1995 (3) SCC 270 and disposed of the appeal as well as the stay application directing the Petitioner to submit a representation before the Respondent -Department and the Respondent -Department was in -turn directed to decide the representation. In pursuance of the directions of the learned Tribunal, the Petitioner is found to have filed a representation and the Department is also found to have considered the same. The Department vide order dated 11.2.2011, having considered all the facts and circumstances of the case, decided the representation of the Petitioner, with the direction to give him TA and joining time.

(3.) THE Hon'ble Apex Court in the case of Mrs. Shilpi Bose and Ors. v. State of Bihar (supra) has held that the Courts should not interfere with the transfer orders, which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide.