SURAT SINGH PUNIA Vs. RAJASTHAN SERVICE APPELLATE TRIBUNAL

JUDGEMENT

(1.) THE instant writ petition has been filed without any prayer clause but the factual matrix and the grounds taken therein lead to presume that the same has been filed seeking direction for quashing the transfer order Annx. 8 dated 15-6- 2002 and setting aside the order dated 29-4-2003 (Annx. 21) passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur.

(2.) THE facts and circumstances giving rise to this writ petition, in succinct, are that petitioner, who is a Ranger Grade I, had been transferred from Bhadra to Nohar, vide order dated 3-10- 97, on humantarian ground to lookafter his old parents and family members after sad demise of his wife and elder brother. Again, vide order Annx. 5 dated 11-4-2000, he was transferred to Churu and joined his duties at Rajgarh (district Churu) on 17-7-2000. Vide impugned order Annx. 8 dated 15-6-2002, he has been transferred from Rajgarh to Nohar. He challenged the impugned transfer order before the Rajasthan Civil Service Appellate Tribunal and the learned Tribunal, vide order dated 25-7-2002 (Annx. 9) stayed the operation of the impugned transfer order Ann. 8 and directed to file a representation before the Principal Chief Conservator of Forest, which has been rejected vide order Annx. 11 dated 26-8- 2002, perhaps on the false and fabricated complaint filed by one Inder Pal Singh Punia. Petitioner submitted an application before the Principal Chief Conservator of Forest to inquire into the correctness of the complaint and ultimately joined his duties at Nohar. He again filed an appeal before the Tribunal challenging the impugned transfer order Annx. 8 dated 15-6-2002 and the order dated 26-8-2002 (Annx. 11) passed by the Principal Chief Conservator of Forest rejecting his representation. THE Tribunal, vide impugned order Ann. 21 dated 35-7-2002, dismissed the appeal. Hence this writ petition.

(3.) IN Union of INdia vs. H. N. Kirtania (10), the Hon'ble Apex Court observed as under:- " Transfer of a public servant made on administrative grounds or in public interest should not be interferred with unless there are strong and pressing grounds rendering the transfer order illegal on the ground of violation of statutory rules or on ground of malafide. "