ANJU GOYAL Vs. RAJ CIVIL SERVICES APPELLATE TRIBUNAL

JUDGEMENT

(1.) INSTANT petition has been filed by petitioner who is working as Teacher Gr. II and was earlier transferred vide order dt. 25/06/08 (Ann. 1) from Govt. Sanskrit School, Sarangpura (Jaipur) to Indroli (Bharatpur), as it appears from the order, was at her own request; was challenged before the Tribunal and the appeal was decided on 19/08/08 (Ann. 4) with the direction to the petitioner to make representation pointing out her difficulty, particularly the fact that the order of transfer appeared to have been at her own request, which according to her was never made.

(2.) ON representation being made, it appears that respondents took note of latter order dt. 28/06/08 whereby she was transferred and posted at Jaichandpura (Jaipur) on administrative reasons and her representation was rejected on the premise that she has concealed material fact and subsequent order dt. 28/06/08 was not brought to the notice of the Tribunal at the time of disposal of appeal and the appeal preferred against order of rejection was also dismissed.

(3.) COUNSEL for petitioner submits that finding recorded by learned Tribunal with respect to concealment on the part of petitioner is not well founded inasmuch as there was no material on record that subsequent order was ever communicated which according to her was not served - in absence whereof, the Tribunal was not justified in recording the finding of concealment against her. Apart from it on merits, Counsel submits that husband of petitioner is working in public works Department at Jaipur and looking to her family circumstances, it would be difficult for her to join in pursuance of order dt. 28/06/08, which have not been considered by learned Tribunal.