LAXMI NARAIN Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE petitioner, by this writ petition, has challenged the order dated 13. 11. 92 (Annexure P. 4), by which the petitioner, who was working as Lower Division Clerk in the Office of the Assistant Engineer, REC, Tiwari, was transferred and posted in the Office of the Executive Engineer (O&m), R. S. E. B. , Jaisalmer.

(2.) THE order of transfer Annexure P. 4 has been challenged by the petitioner on the ground that during last six months, the petitioner has been subjected to transfers four times without any sufficient reason and, therefore, these frequent transfers of the petitioner are mala fide and the transfer order Annexure 4 dated 13. 11. 92, deserves to be quashed and set-aside, In support of his case, the learned counsel for the petitioner has placed reliance over Sheshrao Nagara Umap vs. the State of Maharashtra and Others (1 ). THE order of transfer has, also, been challenged on the ground that the petitioner is the Secretary of the Rastriya Bijli Karamchari Sangh, R. E. C. , Jodhpur, and the transfer of the petitioner has been made in order to curtail his union activities and he has been posted out of Jodhpur District. It was, also contended by the learned counsel for the petitioner that the petitioner was transferred on his own request on 18. 9. 82 from Jaisalmer to Tiwari and no T. A. , D. A. was paid to him and it is only after two months of his joining duties at Tiwari that he has again been transferred from Tiwari to Jaisalmer, which is highly arbitrary and unreasonable. In support of this contention, the learned counsel for the petitioner has placed reliance over a decision of this Court rendered in Bhinya Ram vs. the State of Rajasthan and Others Learned counsel for the respondents, on the other hand, has supported the order of transfer and has submitted that the petitioner, since the date of his appointment, has remained posted at Tiwari only. His further submission is that so far as the first transfer of the petitioner on 18. 5. 92 is concerned, when the petitioner was transferred from Tiwari to Osia, it was made on account of bifurcation of the Sub-Division and so far as second transfer order is concerned, that was made on his own request. So far as second transfer order is concerned, by which the petitioner was transferred from Osia to Jaisalmer, though the petitioner was transferred and relieved from Osia but he never joined his duties at Jaisalmer and that transfer order, so far as the petitioner is concerned, was never executed. This transfer vide Annexure P. 4 has been made in the administrative exigency and there were various complaints against the petitioner.