RAMLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition, the petitioner, who is a M.S. Doctor, has challenged the order dated 6.5.97 by which he was asked to report in the Secretariat and await his posting orders. The petitioner has, in his petition, joined the Health Minister of the Government of Rajasthan along with the Joint Director. Allegations of malafides have been made in the petition. It is alleged on behalf of the petitioner that the order, though it directs that the petitioner should await posting, virtually transfers the petitioner. The transfer is asked at the instance of the Minister and, therefore, is motivated and hence malafide. It is alleged that the transfer is based on certain reports of complaints and the petition could not have been transferred on the basis of those reports as they are not in any manner conclusive in nature.

(2.) SHOW cause notice was issued and the operation of the. order dated 6.5.1997 was stayed.

(3.) AN affidavit has also been filed by the Health Minister for Rajasthan Government, Mr. Rajendra Singh Rathore. In para 3 of his affidavit, the Hon'ble Minister states: