GOVERDHAN SINGH RABERI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD Mr. Sandeep Saxena, the learned counsel for the appellant in D.B. Civil Special Appeal No.1429/2013 and Mr. Ashwini Jaiman, the learned counsel for the appellant in D.B. Civil Special Appeal(Writ) Nos.1323/2013 and 1413/2013.

(2.) THE appellant in D.B. Civil Special Appeal No.1429/2013, Shri Goverdhan Singh Raberi, instituted S.B. Civil Writ Petition No.17425/2013, impugning the order dated 17.07.2013 passed by the Economic and Statistical Directorate, Government of Rajasthan, transferring him from the Office of the Regional Transport Officer, Alwar to that of Block Statistical Officer, Umrain, Alwar, vice the appellant in D.B. Civil Special Appeal(Writ) Nos.1323/2013 and 1413/2013, Shri Ashok Kumar Gupta, who incidentally was arrayed as respondent No.2 in the writ petition.

(3.) THE facts, as culled out from the rival pleadings, are that the writ -petitioner and the respondent No.2 were both, by order dated 21.02.2013, passed by the Economic and Statistical Directorate, Government of Rajasthan, promoted to the post of Statistical Inspector and were respectively posted in the Office of the Regional Transport Officer, Alwar and District Industries Centre, Alwar. Both of them, thereafter, duly joined at their new places of posting. By order dated 28.05.2013, thereafter issued by the same Directorate, the respondent No.2 was transferred to the Office of District Statistical Officer, Karauli. He, however, did not join at said place of posting. Thereafter, by order dated 17.07.2013, again issued by the same Directorate, postings, as adverted to hereinabove, were made. Contending that he had been dislodged from the Office of the Regional Transport Officer, Alwar by the respondent No.2, only to accommodate the latter and not in public interest or administrative exigency, the writ -petitioner preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Rajasthan, Jaipur (for short, hereafter referred to as 'the Tribunal'), which was registered as Appeal No.1040/2013. By the judgment and order 10.09.2013, the learned Tribunal, after hearing both the parties, dismissed the challenge. The petitioner, thereafter, turned to this Court for redress.