SANTOSH VAISHNAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED counsel for the appellant submits that the impugned transfer order dated 12. 06. 2001 was passed by the Divisional Commissioner, who has no power to pass such an order. He relies on the judgments of this Court in Smt. Bali vs. State of Rajasthan & Ors. (1) decided on 23. 8. 01 and Satyabir Singh vs. State of Rajasthan & Ors. (2), wherein it has been held that the Divisional Commissioner has no power to transfer, in such matters.

(2.) THE learned Single Judge dismissed the writ petition mainly on the ground that the appellants/petitioner had an alternative remedy by way of appeal against this order of transfer. Even if that may be so, if the transfer order is passed by the authority who had no such power, we are of the view that driving the appellant/petitioner to another proceedings may not be necessary, and relief against such an order can be granted in the writ petition.