DEV KISHAN BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, a Junior Accountant posted with Panchayat Samiti, Jaisalmer was served with an order dated 02.03.2007 (Annex. 6) posting him at Industrial Training Institute, Pokran, District Jaisalmer. The petitioner challenged the order dated 02.03.2007 before this Court in S.B. Civil Writ Petition No. 1236/2007 that was dismissed on 19.03.2007 for availability of alternative remedy of appeal before the Rajasthan Civil Services Appellate Tribunal ( the Tribunal ); however, this Court permitted the petitioner to file such an appeal within 30 days and stayed effect and operation of the order dated 02.03.2007 for the period of 30 days or till any other order was passed by the Tribunal, whichever be the earlier. The appeal thus filed by the petitioner on 16.04.2007 (Appeal No. 111/2007) challenging the said order dated 02.03.2007 essentially on the ground that it was the outcome of mala fides of the Pradhan of Panchayat Samiti, has been rejected by the Tribunal at admission stage by its impugned order dated 25.04.2007 (Annex.13).

(2.) By the order dated 25.04.2007 the Tribunal observed that the petitioner was continuously working at Jaisalmer since the year 1996 and by the impugned order he had been transferred within Jaisalmer District only; and that from the documents submitted by the petitioner it was not made out if the transfer was the outcome of any mala fide. The Tribunal further observed that the transfer policy was only directory in nature and an employee has no legal right to have it enforced; and that transfer was a natural incident of service and the government employee has no legal right to seek posting at a particular place. Aggrieved, the petitioner has preferred this writ petition.

(3.) The petitioner has averred that he entered into the services of the Accounts Department of the Government of Rajasthan w.e.f. 30.04.1996 on being appointed as Junior Accountant; that by an order dated 08.07.2004 his services were transferred to Panchayat Samiti, Jaisalmer where he joined on 16.07.2004; and that he had discharged his duties with efficiency, dedication and sincerity for last three years. The petitioner has alleged that the respondent No. 4 was elected as Pradhan of Panchayat Samiti, Jaisalmer and she used to pressurise the officials to get her work done by any means; that the Vikas Adhikari and the petitioner never supported her in illegal works and never allowed her to proceed against the rules and thus, the respondent No. 4 was inimical to the petitioner. According to the petitioner, looking to his outstanding performance, the administrative authorities decided to honour him on the Republic Day to which the respondent No. 4 reacted with annoyance and concocted a story of departmental inquiry being pending against the petitioner; however, the story narrated by the respondent No. 4 was found to be incorrect and for outstanding performance and unblemished services, the petitioner was honoured and appreciated by the Divisional Commissioner on 26.01.2007. The petitioner has annexed with the petition his appreciation letter as Annexure 2, newspaper reports in that regard as Annexure 3 and congratulatory message advertised in a newspaper dated 08.02.2007 as Annexure 4. The petitioner has also annexed with the writ petition another report appearing in a newspaper dated 29.01.2007 as Annexure 5, reporting opposition of respondent No. 4 to such award of appreciation. According to the petitioner, ever since then the respondent No. 4 was carrying moreover animosity and malice towards him and threatened with dire consequences.