JALDEEP KUMAR PATHIK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner-appellant, working on the post of Ayurved Chikitsadhikari and having been transferred from Kadi Shahana, District Bhilwara to Mangrop, District Bhilwara by an order dated 31.05.2012 (Annex.8), attempted to question the transfer order by way of an appeal (No.823/2012) before the Rajasthan Civil Services Appellate Tribunal ('the Tribunal'). The Tribunal summarily dismissed the appeal by its order dated 28.06.2012 after finding no case for interference in the order of transfer. Then, the petitioner-appellant attempted to question the order so passed by the Tribunal by way of a writ petition (CWP No.7498/2012) that has been considered and, again, summarily dismissed by a learned Single Judge of this Court on 27.07.2012 with a short order that reads as under: -

(2.) SEEKING to question the order aforesaid, it is contended on behalf of the petitioner-appellant that the Member of Legislative Assembly ('the MLA') of the area in question filed a complaint against the appellant and though the complaint was found to be frivolous, the MLA had been able to exert pressure so as to ensure his transfer. With reference to the order as passed by the Hon'ble Supreme Court in Sarvesh Kumar Awasthi Vs. U.P. Jal Nigam & Ors (2003) 11 SCC 740 it is submitted that the transfer of the officer at the behest of a politician without following the guidelines is not proper. It is further submitted that the wife of the appellant is also in the government service, working on the post of Teacher; and, as per the policy of the Government, the working spouses are to be posted at the same place. It is submitted that if the transfer of the appellant is carried out, it would detach him from the spouse and hence, is required to be interfered with.