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2011 DIGILAW 1038 (RAJ)

Indresh Tiwari v. State of Rajasthan

2011-05-16

MOHAMMAD RAFIQ

body2011
JUDGMENT 1. - Petitioner has filed this writ petition challenging the order of transfer dated 14/2/2009 (Ann.2) his relieving order dated 14/2/2009 (Ann.3) and the order dated 10/6/2010 (Ann.7) by which, Rajasthan Civil Services Appellate Tribunal has dismissed his appeal. 2. Contention of Shri Akhil Simlote, learned counsel for the petitioner is that petitioner was due to political reasons was suddenly kept under awaiting posting orders and his headquarter was kept at Directorate (Elementary Education), Bikaner. Petitioner was working on the post of Block Elementary Education Officer (B.E.E.O.) Gangapur City and he could have considered to be transferred to a particular place but the manner in which he has been kept under awaiting posting orders for a long time, speaks volumes of mala fides on the part of the respondents. It is argued that when this Court vide order dated 21/7/2010 stayed the operation of the orders dated 14/2/2009 (Ann.2 & Ann.3), after service of interim-order, he was placed under suspension on 27/8/2010. Therefore, this Court stayed order of suspension due to reasons of mala fide on the part of respondents. 3. Shri N.A. Naqvi, learned Additional Advocate General opposed the writ petition and submitted that petitioner was transferred on complaint. It is submitted that petitioner was suspended in contemplation of departmental enquiry and when the order of suspension was stayed by this Court, he has been allowed to join at Panchayat Samiti Gangapur City. His salary for the months of March and April, 2011 has been paid. 4. Shri Akhil Simlote, counsel for petitioner rejoined and submitted that transfer as well as suspension order of the petitioner have been passed due to reasons of malafide and only with a view to teaching him a lesson. It is argued that petitioner has not been paid full salary even after the date when the stay order was passed by this Court on 21/7/2010 and which the respondents have illegally withheld. 5. In the facts of the case, order keeping petitioner under awaiting posting orders at the office of Directorate of Elementary Education, Bikaner whereas petitioner was posted at Gangapur City as Block Elementary Education Officer, there prima-facie appear to be substance in the allegations of malafide made by the petitioner, which has corroborated by the fact that when petitioner filed contempt petition for compliance of the aforesaid stay order of this Court, he was placed under suspension. 6. 6. In the facts of the case therefore this petition deserves to be allowed. 7. In the result, writ petition is allowed. The orders dated 14/2/2009 (Ann.2), 14/2/2009 (Ann.3), 10/6/2010 (Ann.7) and the order of suspension dated 27/8/2010 are quashed and set-aside. The respondents are restrained from acting upon the transfer and posting orders dated 14/2/2009. They may however to pass a fresh transfer order making posting of the petitioner preferably in District Sawai Madhopur or any other district adjoining thereto within a period of four weeks. Till the time, fresh posting order is passed, interim-order passed by this Court shall continue. Respondents are directed to pay arrears of salary if any to the petitioner if so far not paid from the date of passing of interim-order dated 21/7/2010 within a period of one month from the date, copy of this order is produced before the respondents.Petition Allowed. *******