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1990 DIGILAW 78 (RAJ)

Rajendra Singh v. State of Rajasthan

1990-01-29

I.S.ISRANI

body1990
JUDGMENT 1. - In this writ petition the petitioner has prayed that the transfer order dated December 29, 89 (Annexure-7) by which by petitioner has been transferred from Ajmer to Bhilwara be declared illegal, arbitrary and quashed & set aside. 2. It is submitted by the learned counsel that the petitioner was working as Health Educator-cum-Para Medical Assistant at Bhilwara and was transferred vide order dated August 11, 1989 (Annexure-1) from Bhilwara to Ajmer and respondent No. 4 was transferred vice-versa. In compliance of the above order, the petitioner submitted his joining report on the same day in the afternoon to the respondent No. 2 at Ajmer, which was however, not accepted and he was not allowed to mark the attendance as on the plea that there was no post of Health Educator-cum-Para Medical Assistant. It is alleged that respondent No. 3 is prejudiced with the petitioner and is in hands and gloves with respondent No. 4. This had become clear when the petitioner was transferred in May, 1989 from Ajmer. It is further given out that respondent No. 3 managed to get an injunction order issued from the Court of Munsiff and Judicial Magistrate, Ajmer on August 19, 1989 against the transfer order (Annexure-1) whereupon the petitioner moved an application to become a party in the said suit to inform the Court that he had already filed joining report on August 14, 1989. Thereafter the petitioner was forced to file SB Civil Writ Petition No. 3495/89 in this Court in which the respondent No. 4 moved an application to become party and was allowed to be a party to the said petition vide order dated September 13, 1989. Therefore, the petitioner withdrew his application to be made party in the Court of Munsiff Magistrate, Ajmer. The above said writ petition was disposed of as having become infructuous vide order dated September 13, 1989 since an order dated August 14, 1989 was issued under signature of Additional Director, Medical & Health Services in which it was directed that the petitioner be allowed to resume duty at Ajmer. A certified copy of the order passed in the previous writ petition mentioned above has been filed and marked as Annexure-4. However, respondent Nos. A certified copy of the order passed in the previous writ petition mentioned above has been filed and marked as Annexure-4. However, respondent Nos. 2 and 3 on their own, suggested to respondent No. 1 that the petitioner should be transferred back to Bhilwara vide letter dated December 15, 1989 (Annexure-6 & 7) in which wrong facts were mentioned. Thereafter the petitioner has been again transferred from Ajmer to Bhilwara vide Annexure-7 mentioned above. 3. It is submitted by Shri Lokesh Sharma, learned Deputy Government Advocate that the petitioner in the earlier writ petition also did not come to Court with clean hands in as much as he did not inform this Court that the respondent No. 4 had already filed a suit for injunction and had also obtained a temporary injunction against the transfer order dated August 11, 1989 (Annex-1) by which the petitioner had been transferred from Bhilwara to Ajmer and respondent vice versa. It is pointed out that this fact is fully proved from the order passed by this Court on an application which was subsequently filed by the petitioner after his first writ petition was disposed of, praying that the said suit for injunction filed by respondent No. 4 pending in the Court of Munsiff Magistrate, Ajmer, be dismissed. In this order dated October 20, 1989 it was observed by this Court that a person who had suppressed material facts has now approached this Court with a prayer that the suit filed by Mr. S. P. Dixit should be ordered to be dismissed. Rather, I am of the opinion that the application of such a person should be dismissed by awarding cost of Rs. 100/- to Shri S.P. Dixit". It is further submitted by the learned Deputy Govt. Advocate that there was no post of Health Education-cum-Para Medical Assistant at Ajmer and the petitioner was inadvertantly shown as such in the earlier order dated August 11, 1989 (Annexure-11). It is further pointed out that in obedience to the order of this Court passed while disposing of the earlier writ petition filed by the petitioner, the petitioner was allowed to remain at Ajmer and has now been transferred to Bhilwara. It is also pointed out that no complaint of malafides was ever filed by the petitioner against respondent No. 3 and these allegations had no basis whatsoever. It is also pointed out that no complaint of malafides was ever filed by the petitioner against respondent No. 3 and these allegations had no basis whatsoever. It is also submitted that the petitioner was earlier also posted at Ajmer and was transferred to Bharatpur. Explaining the reasons why the petitioner was not permitted to resume charge at Ajmer earlier, Annexure-R/1 R/2 dated 14-8-1989 have been filed to explain the position. It is further pointed-out that petitioner filed an application in the Court of Munsiff Magistrate, Ajmer to be joined as party on 3-9-1989 which was withdrawn on the next day whereas the said suit was filed on August 18, 1989 and temporary injunction was issued on August 19, 1989. The petitioner has now again filed second application for allowing to be made party in the Court of Munsiff Magistrate at Ajmer on November 3, 1989, which is still pending. A reply in the said suit has been filed by the State on November 17, 1989. It is also pointed out that relieving order Annexure-R/3 was sent to the petitioner in the Peon Book vide entry dated December 30, 1989 but the petitioner refused to accept the same. 4. Respondent No. 4 has also filed reply and Shri Inderjeet Singh, learned counsel for respondent No. 4 has submitted that the separate seniority list for the posts of Health-Educator and Para Medical Assistants are prepared, a copy of which dated 1.1.1987 (Annex-R/4/1) has been filed in which respondent No. 4 is shown at Serial No. 18 as Para Medical Assistant and petitioner at No. 13 in the list of Health Educator. It is further pointed out that even after the amendment of the Rajasthan Medical & Health Subordinate Service Rules vide Gazette Notification dated June 3, 1982, no screening has been made so far and, therefore, there is no posting of any Health Educator as Health-Educator-cum-Para Medical Assistant. 5. I have heard the parties and also gone through the documents filed of record. 6. 5. I have heard the parties and also gone through the documents filed of record. 6. It is evident that the petitioner before he approached to this Court by filing his first SB Civil Writ Petition No. 3495/89 had filed an application in the Court of Munsiff Magistrate, Ajmer for being made a party, which was however withdrawn on the next day as given out by the learned counsel for respondent No. 4 and the petitioner knew that a temporary injunction has been issued staying the operation of transfer order dated August 11, 1989 Annexure-1. The contention of the learned counsel for the petitioner that this matter has no relevance with this petition has no force. In fact this writ-petition now under consideration is also regarding the matter of transfer from Ajmer back to Bhilwara from where the petitioner had been transferred vide order dated August 11, 1989 (Annexure-1). A person who does not come to Court with clean hands, does not deserve any sympathy and this Court will not invoke its extra-ordinary powers under Article 226 of the Constitution. The petition is, therefore, dismissed on this ground alone. 7. In the result, the writ petition is, therefore, dismissed.Petition Dismissed. *******