STATE OF RAJASTHAN AND OTHERS Vs. SHRI CHANDMAL

JUDGEMENT

(1.) The defendants petitioners have filed this revision petition under Sec. 115, C.P.C. against the order dated 19-5-1997 passed in appeal No. 67/96 passed by Shri Koshore Lal Mathur, Additional District and Sessions Judge, Rajsamand reversing the order of the trial Court dated 24-10-1996 by which the application of the non-petitioner-plaintiff filed under Order 39 Rules 1 and 2, C.P.C. was dismissed.

(2.) The plaintiff-non-petitioner instituted a regular suit for perpetual injunction and prayed he may not be relieved from his post in pursuance to the order of transfer dated 18-6-1995 and status quo ante he maintained and if during the pendency of the suit he is relieved then he may be posted again in Majera School. At the relevant time, the plaintiff-non-petitioner was posted as Physical Instructor in the Secondary School, Majera, Petitioner No. 2. District Education Officer. Rajsamand, presumably acting on the complaints of the District Police Superintendent. Rajsamand, asked the non-petitioner plaintiff to report in his office. Thereafter, on 13-5-1995, petitioner No. 2 again relieved him and transferred to his previous post. Thereafter the non-petitioner-plaintiff was transferred from Majera to Salaguda. The plaintiff has assailed the above transfer on the ground of mala fides. He has alleged that he has been transferred with an ulterior object in order to accommodate some other person on his post. Though transfer is an incidence of service but frequent transfers smack of mala fides and ulterior motive. The petitioners resisted the above suit on the ground that the transfer was made in accordance with the transfer policy. It was in public interest. The transfer was devoid of any mala fide. The plaintiff cannot claim a vested right to remain in a particular place of posting for unduly long period. The plaintiff also filed an application under Order 39 Rules 1 and 2, C.P.C.

(3.) The learned trial Court, after hearing both the parties, found that the transfer was made in pursuance of the Government Policy of Transfer. It was not actuated by any malice or ill will. He, therefore, dismissed the application of the plaintiff. Feeling aggrieved by the above order of dismissal of the application, the plaintiff filed an appeal before the learned Additional District Judge, Rajsamand who allowed the same and set aside the order of the trial Court dismissing the above application.