The Rajasthan High Court in the case Hemesh Bhavsar v. State of Rajasthan & Ors observed and has refused to interfere in the transfer order of the overnment servant by opining that no malafide has been alleged in the transfer order and it has been contended by the petitioner that the petitioner has school going children and old parents cannot be a ground for the Court in order to interfere with the transfer order.
The single judge bench headed by Justice Vinit Kumar Mathur in the case observed wherein it alleged no malafied nor the transfer order passed by the Competent Authority is being assailed on the ground that the said authority, who passed the transfer order is not competent to transfer the petitioner. Further, the court stated that a bare perusal of the transfer order dated January 14, 2023 wherein it is showed that 151 persons have been transferred and the petitioner has not been singularly chosen.
In the said case the petitioner in the year 1999 was appointed on the post of Patwari. Thus, on 30.09.2021, the petitioner was transferred from the Inspector Land Records, Tehsil Chikhli, Dungarpur to the office of Inspector Land Records, Bodigama Bada, Tehsil Sabla, Dungarpur.
Further, the petitioner was also transferred from Tehsil Sabla to Circle Mohkampura, Tehsil Kushalgarh, Banswara in an vide order dated 14.01.2023
It has also been contended by the petitioner before the court that there being no administrative exigency shown in the transfer order and that the petitioner has school going children and old parents, thus, transferring the petitioner from Sabla to Kushalgarh would entail inconvenience to the family members.
The petitioner aggrieved with the same approached the High Court for setting aside the impugned transfer order dated 14.01.2023.
It has also been noted by the court that the contention of the petitioner that the petitioner has school going children and old parents cannot be a ground for this Court to interfere in the transfer order which is passed by the respondents dated 14.01.2023.
The court in the case observed and stated that the petitioner who being a government servant and he is liable to be transferred in the administrative exigency from one place to another. Thus, the ground raised in the petition does not warrant any interference in the transfer order being issued by the respondent-Department.
Accordingly, the court dismissed the writ plea for being devoid of merit.
