MOHAN LAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ petition the principal contention of the petitioner is that he cannot be transferred from one Municipal Board in Rajasthan to the other Municipal Board, as is sought to be done by the order dated 10th Aug. 1978, issued by the Deputy Secretary to the Government of Rajasthan. The petitioner has been transferred from the post of L D C Todarai Singh to the post of L D C Nathdwara Municipal Board.

(2.) Notice was issued to the State Government. Mr. J. S. Rastogi, Government Advocate, pointed out that the transfers of the Municipal employees can be made under Section 304 (3) read with Rules framed under Section 297 and Section 88 of the Rajasthan Municipalities Act. On 8th Jan., 1979, Mr. Dave appeared and he prayed for time to study the law on this point.

(3.) Today, Mr. Jain appearing for Mr. Dave submits that the appointing authority of the petitioner was the Municipal Board and, therefore, the State Government or its functionaries have got no powers to either frame rules or to transfer them. It is urged that under Section 88 no such rules can be framed, and the Rajasthan Municipal Subordinate and Ministerial Service Rules, 1963 in terms make a mention of Section 88 as the source of authority.