P L CHOUDHARY Vs. CHAIRMAN JODHPUR DISCOM

JUDGEMENT

(1.) THE present writ petition under Article 226 of the Constitution of India has been filed by the petitioner with a prayer that the impugned order of transfer dtd. 15. 7. 2005 (Annex. 4) may be quashed and set aside qua the petitioner.

(2.) BRIEFLY stated the facts of the case are that the petitioner is working as Assistant Engineer under the control of Jodhpur Vidhyut Vitran Nigam Ltd. , Jodhpur. Vide order dtd. 11. 11. 2003, the petitioner was transferred from Bikaner to Jodhpur. Thereafter vide order dtd. 2. 7. 2004, the petitioner was transferred from Jodhpur to Jaitaran.

(3.) IT is axiomatic that if a transfer order has been made in violation of a statutory rule or regulation, it will be illegal. This is also the obvious implication of the dicta of the Hon'ble Supreme Court that a transfer order is liable to be struck down if made in violation of the rules.