BABU LAL MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed the present writ petition under Article 226/227 of the Constitution of India oh 1.11.2004 against the respondents with -a prayer that by an appropriate writ, order or direction the transfer order dated 30.9.2004 (Annexure 4) passed by the respondent No. 1 (Dy. Secretary, Medical and Health Department (Group -2), Government of Rajasthan, Jaipur) by which the petitioner was transferred from Rajsamand to Chhinch, Disrtict Banswara on vacant post of St. Medical Officer and judgment dated 7.10.2004 (Annexure -5) passed by the Rajasthan Civil Services Appellate Tribunal (respondent No. 4) by which appeal filed by 1 the petitioner for quashing the transfer order dated 30.9.2004 (Annexure 4) was dismissed, be quashed and set aside.

(2.) IT arises in the following circumstances:

(3.) NO reply to the writ petition was filed by the respondents and it has . been submitted by the learned Counsel for the respondents that since the petitioner after promotion wan given first posting in the same district i.e. from Kankroli to Rajsamand, but when general transfers were made he was transferred from Rajsamand to Chhinch, District Banswara on vacant post of Sr. Medical Officer vide order dated 30.9.2004 (Annexure 4) and therefore, there was no mala fide in issuing transfer order dated 30.9.2004 (Annexure 4) and the Tribunal has rightly dismissed the appeal vide order dated 7.10.2004 (Annexure 5) and hence no interference be called for in this writ petition and the same deserves to be dismissed.