Research › Search › Judgment

Rajasthan High Court · body

2002 DIGILAW 794 (RAJ)

Giriraj Sharma v. State of Rajasthan

2002-04-17

D.N.JOSHI, N.N.MATHUR

body2002
JUDGMENT 1. This special appeal is directed against the order of the learned Single Judge dated 8.1.2001 dismissing the writ petition in limine. 2. The appellant writ-petitioner (hereinafter referred to as the petitioner") challenged his order of transfer from Municipal Board, Kuchaman City to Municipal Board, Rajsamand. The petitioner challenged the impugned order of transfer inter alia on the grounds of malafides. It is averred that he has been transferred at the instance of the fourth respondent Shri Rameshwar Lai Choudhary, Ex.M.L.A. addressed to respondent No. 5 Shri Shanti Dhariwal, Minister for Local Self Government. It is alleged therein that petitioner had worked for the political party namely B.J.P. during the municipal elections and as such it is necessary to transfer the petitioner alongwith other staff to some other place: 3. In reply to the writ petition supported by the affidavit of B.R. Delu the allegation of malafides has been denied. It is submitted that the petitioner has been transferred for the reason that there is no post of Sanitary Inspector in Municipal Board, Kuchaman City. 4. We have heard Mr. K.L. Jasmatiya learned counsel for the appellant and Mr. Manoj Bhandari, learned counsel for the respondents. The allegation of malafides have gone unrebutted. There is no material to show that there was no post of Sanitary Inspector in Municipal Board, Kuchaman City. In view of the specific allegations, it cannot be said that the allegations are vague. Infect, the allegations made by the petitioner find support from the documentary evidence i.e., the letter of respondent No. 4 written to respondent No. 5 (Annexure-1)., Thus, the order of transfer is vitiated being acuted of malafides. 5. Consequently, this special appeal is allowed. The judgment of the learned Single Judge is set aside. The order of transfer (Annexure-2) dated 12.12.2000 is set aside so far it relates to the petitioner. No orders as to costs.Appeal allowed - Judgement of Single Judge set aside. *******