An order of transfer can be held to be illegal even when the action taken under the rule is arbitrary.

1. - This case is illustrative of the arbitrary exercise of the power of transfer as would appear from the uncontroverted allegations in the case. The petitioner has come to this Court against the order Annexure 6, dated 11th January, 1990, whereby he was withdrawn from the Government D.B.M. Hospital, Kotputli and was directed to report to the office of the CM & HO. Jaipur. The petitioner who is a male nurse Gr. II was transferred to Kotputli from Kalyanpuri. It appears from Annexure/1, letter dated 23rd October. 1989 that one Kailash Chand. Male Nurse Gr. II was posted at Kotputli and the Deputy Controller of the Government B.D.M. Hospital. Kotputli vide his letter dated 7th October, 1989. informed the CM & HO. Jaipur that there was no vacant post of Male Nurse Gr. II at the Government B.D.M. Hospital, Kotputli. With reference to this letter CM & HO. Jaipur sent letter dated 23rd October, 1989 to the Deputy Controller of the aforesaid hospital stating therein that Kailash Chand, Male Nurse Gr. II should be relieved and he may be directed to report to the office of the CM & HO, Jaipur. Thereafter a letter dated 27th November, 1989 was sent by the CM & HO. Jaipur to the Deputy Controller of the aforesaid hospital mentioning that Kailash Chand should be continued at this hospital as Male Nurse Gr. II and instead one Kamal Sharma, Male Nurse Gr. II may be sent to the office of the CM & HO. After a few days on 14th December, 1989, a letter was sent by the CM & HO, Jaipur to the Deputy Controller of the aforesaid hospital mentioning therein that Kamal Stiarma, Male Nurse Gr.II may also be continued at the aforesaid hospital at Kotputli and instead Male Nurse Gr. II with longest stay in this hospital at Kotputli may be relieved to report in the office of the CM & HO, Jaipur. In para 7 of the writ petition, the petitioner has stated that in compliance with the order dated 14th December, 1989, one Baluram, Male Nurse Gr. II who was with long stay at this hospital at Kotputli was to be relieved. But with reference to this letter dated 14th December, 1989, the CM & HO sent letter dated 21st December, 1989 to the Deputy Controller of the aforesaid hospital mentioning therein that Balu Ram, Male Nurse Gr. II may be retained at Kotputli and instead Kamal Sharma, Male Nurse Gr. II be relieved and be sent to the office of the CM & HO. It appears that the CH & MO could not maintain and stand even by this order dated 21st December, 1989 and again passed another order on 27th December, 1989 that Kamal Sharma be kept at the Government B.D.M. Hospital, Kotputli itself, and in the endorsement at item No. 1 of this order it has been mentioned that one Shri Surjeet Singh Yadav may be relieved and sent to Head quarters. On 11th January 1990, yet another order Annexure/6 was passed whereby Surjeet Singh Yadav was ordered to be retained at Kotputli and consequently the petitioner was ordered to be relieved to report to the office of CM & HO, Jaipur.

2. Against this order dated 11th January, 1990 this writ petition was filed by the petitioner on 18th January, 1990 and on 24th January, 1990 this Court while issuing a notice of this writ petition as to why the same may not be admitted/disposed of and also passed an interim order staying the operation of the order dated 11th January, 1990 in so far as it concerns the petitioner. It is on the strength of this order dated 24th January, 1990 that the petitioner is continuing at the Government BDM Hospital, Kotputli. The service was effected long back. When the matter came up before the Court on 8th March, 1990, no one appeared on behalf of the respondents before the Court despite notice, the court ordered that three weeks' time is granted to file reply failing which the matter will be heard for final disposal even without filing of reply by the respondents and the matter was posted for final disposal on 30th March, 1990. When the matter came up before the Court on 30th March, 1990, Shri Ashok Parihar,