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1989 Supreme(Raj) 516

RAJASTHAN HIGH COURT AT JAIPUR BENCH
S.N.Bhargava, P.C.Jain, JJ.
Hari Mohan Dubey - Appellant
Versus
State of Rajasthan & ors. - Respondent
D. B. Civil Writ Petition No. 370 of 1988.
Decided On : 06-01-1989

The authorities should not act on the dotted lines and should exercise their own wisdom in a bona fide manner while transferring employees.

Headnote:

TRANSFER OF TEACHERS - MALA FIDE - ADMINISTRATIVE EXIGENCY - POLITICAL INFLUENCE - PUBLIC INTEREST - TRANSFER POLICY - GUIDELINES - INTERFERENCE BY PUBLIC REPRESENTATIVES - ENQUIRY - FAIR PLAY - ORDER QUASHED - RAJASTHAN SERVICE RULES, 1951, RULE 16.

Fact of the Case:

The petitioner, a Head Master, was transferred from Madanpur to Rarah and then from Rarah to Naoli within a short span of time. He challenged the order of transfer from Rarah to Naoli alleging mala fides and political influence.

Finding of the Court:

The court held that the order of transfer was not mala fide and was passed for administrative reasons. However, the court found that the authorities had acted on the dotted lines and had not applied their mind to the posting of respondent No. 4 at Rarah. The court quashed the posting of respondent No. 4 at Rarah.

Issues: 1. Whether the order of transfer was mala fide? 2. Whether the order of transfer was passed for administrative reasons? 3. Whether the authorities had acted on the dotted lines in posting respondent No. 4 at Rarah?

Ratio Decidendi: 1. The court held that the order of transfer was not mala fide as there were no specific allegations of mala fides against the respondent who passed the order. The court also held that the allegations of mala fides were not supported by any material particulars. 2. The court held that the order of transfer was passed for administrative reasons as there were complaints against the petitioner and it was desirable for the authorities to shift him to some other place. 3. The court held that the authorities had acted on the dotted lines in posting respondent No. 4 at Rarah as they had not applied their mind to his posting.

Final Decision: The court disposed of the writ petition and quashed the posting of respondent No. 4 at Rarah. The court also directed the authorities concerned to ascertain the correctness of the complaints before transferring the petitioner in future.

JUDGMENT

1. - In this writ petition under Article 226 of the Constitution, the petitioner has prayed for issuance of an appropriate writ, order or direction quashing the order dated 29th September 1988 (Annx. 2). passed by respondent No. 2 in so far as it pertains to the transfer of the petitioner.

2. Briefly stated the facts of the case are that the petitioner who is holding the post of Head Master was transferred from Madanpur (District Bharatpur) to Rarah, vide order dated 23th August, 1988. The petitioner joined on the post of Head Master in Government Secondary School at Rarah on 2nd September 1988 While the petitioner remained at Rarah for about a month, by order dated 29th September. 1988, the Director. Primary and Secondary Education, Rajasthan, Bikaner, transferred him from Rarah to Naoli. This order of transfer, dated 29th September. 1988. is under challenge in this writ petition. The contention of the petitioner is that the order was passed after a ban had already been imposed by the State Government on transfer of teachers effective from 1st October, 1988 and, further order of transfer is exfacie mala fide and arbitrary. The petitioner has also submitted that neither there was any administrative exigency nor any urgency for transferring the petitioner from Rarah to Naoli. Further contention of the petitioner is that the order dated 29th September, 1988 has been passed male fide and for extraneous reasons in order to accommodate one Shri Purushottam Lal at Rarah in place of the petitioner. It is further the case of the petitioner that the transfer order has been made on account of political influence and pressure exercised by Shri Purushottam Lal who wanted posting at Rarah and, in order to achieve this object Shri Purushottam Lal managed to obtain a desire letter from the Education Minister and the transfer of the petitioner has been made solely and only with a view to satisfy the desire of the Minister concerned. For challenging the order of transfer, the petitioner has also asserted that his physical condition is not such in which it is feasible for him to work at Naoli as he is suffering from hyper-tension and was operated upon for anal fissure and piles. However, at the time of arguments this point was not pressed.

3. Notices were issued to the respondents to show cause as to why the writ petition should not be admitted and disposed of Shri Purushottam Lal who was transferred in place of the petitioner at Rarah moved an application for impleading him as party to the writ petition on the ground that he is a person directly affected by the said order passed by this Court on 7th October, 1988, whereby the implementation of the order dated 29th Sept, 1988 was stayed. He was impleaded as a party vide order of this Court dated 18th November. 1988 as respondent No. 4. who filed reply to the writ petition. The other respondents did not file any reply. The petitioner filed rejoinder to the reply filed on behalf of respondent No. 4. In the reply, respondent No. 4, has submitted that the petitioner was promoted on the post of Head Master in the year 1979-80. There are number of complaints about his conduct and working by various sections of the public. The petitioner was transferred in June 1987 and was posted at Maua, on account of complaint. Again, he was transferred from Maua to Madanpur on complaint. At Madanpur also, there were complaints against him. Knowing that there are complaints against him and he is bound to be transferred from Madanpur. the petitioner himself voluntarily sought his transfer from Madanpur to Rarah. At Rarah,it was found that his conduct was not proper. The Sarpanch of the Gram Panchayat and Pradhan, Panchayat Samiti Sevar and Panchayat Samiti Kumher made representations to the Education Minister and respondent No. 2 - Director, Primary and Secondary Education, Government of Rajasthan, Bikaner - for transferring the petitioner. Respondent No. 4 has, thus, submitted that on account of these repres




















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