INDRESH TIWARI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Petitioner has filed this writ petition challenging the order of transfer dated 14/2/2009 (Ann.2) his relieving order dated 14/2/2009 (Ann.3) and the order dated 10/6/2010 (Ann.7) by which, Rajasthan Civil Services Appellate Tribunal has dismissed his appeal.

(2.) Contention of Shri Akhil Simlote, learned counsel for the petitioner is that petitioner was due to political reasons was suddenly kept under awaiting posting orders and his headquarter was kept at Directorate (Elementary Education), Bikaner. Petitioner was working on the post of Block Elementary Education Officer (B.E.E.O.) Gangapur City and he could have considered to be transferred to a particular place but the manner in which he has been kept under awaiting posting orders for a long time, speaks volumes of mala fides on the part of the respondents. It is argued that when this Court vide order dated 21/7/2010 stayed the operation of the orders dated 14/2/2009 (Ann.2 & Ann.3), after service of interim-order, he was placed under suspension on 27/8/2010. Therefore, this Court stayed order of suspension due to reasons of mala fide on the part of respondents.

(3.) Shri N.A. Naqvi, learned Additional Advocate General opposed the writ petition and submitted that petitioner was transferred on complaint. It is submitted that petitioner was suspended in contemplation of departmental enquiry and when the order of suspension was stayed by this Court, he has been allowed to join at Panchayat Samiti Gangapur City. His salary for the months of March and April, 2011 has been paid.