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High Court Of Rajasthan
Judgename : N.P.GUPTA
BHAWANI SHANKAR PALIWAL - Appellant
Versus
STATE OF RAJASTHAN - Respondent
CIVIL WRIT 1072 Of 2006
Decided On : 04/13/2006
Transfer - Petitioner's Transfer from Secondary School, Rama to Secondary School, Kadamal - The court found no error in the transfer order and dismissed the writ petition summarily.
Fact of the Case:
The petitioner was transferred from Secondary School, Rama to Secondary School, Kadamal in the same district. The transfer order was challenged before the service Appellate Tribunal, which dismissed the appeal.
Finding of the Court:
The court found that the petitioner's transfer did not suffer from any error requiring interference in the writ jurisdiction and dismissed the writ petition summarily.
Issues: The issue was whether the petitioner's transfer was valid and whether there were sufficient reasons to challenge the transfer order.
Ratio Decidendi: The court found that the petitioner had been posted at the present place since 1999 and rejected the contention that the transfer was effected to accommodate another individual for political reasons.
Final Decision: The writ petition was dismissed summarily.
( 1 ) HEARD learned counsel for the petitioner. The petitioner had been transferred vide Annexure-1 from Secondary School, Rama to Secondary School, Kadamal in the same district. This order was challenged before the service Appellate Tribunal, and the appeal has been dismissed vide Annexure-6. It has been found by the learned tribunal that the petitioner was posted at the present place since 1999, and the contention about the transfer having been effected to accommodate respondent no. 3 before the Tribunal for political reasons has not been accepted for sufficient reasons given in the impugned order.
( 2 ) IN my view, the order does not suffer from any error requiring interference in the writ jurisdiction. The writ petition is, therefore, dismissed summarily.
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