KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Special Appeal has been directed against the order dated 2. 03. 1993 passed by the learned Single Judge of this Court in S. B. Civil Writ Petition No. 2372/1992, whereby petitioner's writ petition challenging his transfer order dated 16. 4. 1992 (Anncx. 6) was dismissed.

(2.) THE appellant, who is a Ranger Grade-I (Gazetted), was transferred by the Principal Chief Conservator of Forests (in short PCCF), Rajasthan, Jaipur (respondent No. 2) by office order dated 24lh March, 1991 (Annex. 5) from the post of Range Officer, National Desert Park, Jaisalmer to the post of Range Officer, Forest Range, Balesar, District Jodhpur. THEreafter the PCCF vide office order dated 16. 4. 1992 (Anncx. 6) in the public interest transferred the appellant as Range Officer, Barmer in National Desert Park. THE appellant filed a writ petition challenging the impugned transfer order Annexure-6 on the ground that it was without jurisdiction and without authority being in violation of the guide-lines issued by the State Government dated 23. 9. 1989 (Annex. 1) as no prior approval of the State Government was obtained. THE appellant also contended that he was transferred to accommodate Shri Mahendra Singh Rathore (respondent No. 3) under the political pressure of (he then Energy Minister. THE learned Single Judge after hearing the parties observed that the impugned transfer order did not suffer from any vice and more so it was purely an administrative matter, which did not warrant any interference. THErefore, the learned Single Judge found the writ petition merit-less and accordingly dismissed the same. Hence, this appeal.

(3.) WE have given our thoughtful consideration to the rival submissions made before us. Admittedly the appellant and respondent No. 3 are Rangers Grade-I (Gazetted) and members of Rajasthan Forest Subordinate Service. Rule 2 (a) of the Rajasthan Forest subordinate Service Rules, 1963 lays down that "appointing authority" means the Principal Chief Conservator of Forest/chief Conservator of Forest and includes a person, who is authorised by him as per Civil Services (Classification, Control and Appeal) Rules, 1958 to make appointments to Forest Subordinate Service posts. There fore, PCCF (respondent No. 2) is the appointing authority of Rangers Grade-I. The appointing authority has the power to transfer the Ranger Grade-I under Rule 20 of the Rajasthan Service Rules, 1951. It is true that the State Government vide its order dated 23. 9. 1989 (Annex. 1) has allocated duties and responsibilities between the PCCF and CCF and it has been mentioned that the transfer/posting of Rangers Grade-I (Gazetted), who has been at one place of posting for over two years will be done by the PCCF and that in case of less than two years period, the PCCF will seek prior approval of the State Government. The allocation of duties and responsibilities between the PCCF and CCF is merely an administrative instruction/order and it does not have a statutory force. Therefore, simply because the PCCF did not procure the prior approval from the State Government, it can not be held that PCCF had no jurisdiction to transfer the appellant vide order Annexure-6 or that the impugned order was unauthorised, illegal or without jurisdiction. It is needless to mention that such guide-lines have no statutory force and are not enforceable particularly at the instance of the affected officer. The allocation of duties and responsibilities incorporated in Annexure-1 do not create any vested right in the appellant and he is not entitled to rely on those instructions to challenge the impugned transfer order.