2001 Supreme(Raj) 1500
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Ashok Parihar, J.
State of Rajasthan - Appellant
Versus
Dr. Man Prakash Sharma & Ors. - Respondent
S.B. Civil Writ Petition Nos. 5075 of 2000; 42 of 2001 and 446 of 2001.
Decided On : 22-03-2001
The central legal point established in the judgment is the administrative domain of the Government in transfer matters, the limited role of the courts in interfering with transfer orders, and the requirement for transfer orders to comply with statutory provisions.
Headnote:
Transfer and Posting - Assistant Professor in ENT Department - Rajasthan Civil Services Appellate Tribunal - 12.9.2000, 21.12.2000 - The court discussed the legal framework related to transfer orders, administrative domain, violation of statutory provisions, and relative hardship. The court found that the Tribunal had acted beyond its jurisdiction in directing the Government to retain specific individuals and quashed the orders. The Chief Secretary was directed to personally examine the matter and issue fresh transfer orders in accordance with the law.
Fact of the Case:
The case involved the transfer and posting of Assistant Professors in the ENT Department of SMS Medical College, Jaipur. Multiple transfer orders and appeals before the Rajasthan Civil Services Appellate Tribunal were under challenge in the writ petitions.
Finding of the Court:
The court found that the Tribunal had acted beyond its jurisdiction in directing the Government to retain specific individuals and quashed the orders. The Chief Secretary was directed to personally examine the matter and issue fresh transfer orders in accordance with the law.
Issues: The issues revolved around the validity of transfer orders, jurisdiction of the Tribunal, and the administrative handling of the transfer and posting of Assistant Professors.
Ratio Decidendi: The court emphasized that transfer orders should not violate statutory provisions or be made on the grounds of malafide. It also highlighted the administrative domain of the Government in transfer matters and the limited role of the courts in interfering with such administrative decisions.
Final Decision: The court quashed the orders of the Tribunal and directed the Chief Secretary to personally examine the matter and issue fresh transfer orders in accordance with the law.
JUDGMENT
1. - The matters relate to transfer and posting of Assistant Professor in the ENT Department of SMS Medical College, Jaipur. Since two orders of the Rajasthan Civil Services Appellate Tribunal, Jaipur, (hereinafter to be referred as the Tribunal) affecting the working of the Department are under challenge in the above writ petitions, all the three writ petitions have been heard together and are being decided by this common order.
2. There appears to be six posts of Assistant Professor in the ENT Department of SMS Medical College, Jaipur, and seven persons are claiming their posting in the same Department at Jaipur.
3. As has come on record, the controversy seems to have started when Dr. Anita Bhandari was transferred from SMS Medical College, Jaipur to Medical College, Bikaner vide order dated 29.6.1999. She filed an appeal before the Tribunal challenging her order of transfer. An interim order was passed by the Tribunal staying the operation of the transfer order and subsequently, appeal filed by Dr. Anita Bhandari was allowed by the Tribunal vide order dated 27.9.1999.
4. Thereafter, Dr. D.P. Gupta, was transferred from SMS Medical College to Medical College, Kota vide order dated 6.5.2000. The above order was not carried and by another order dated 29.5.2000 the earlier order dated 6.5.2000 was modified. Dr. D.P Gupta was transferred back to SMS Medical College, Jaipur and in his place. Dr. Man Prakash Sharma was transferred from SMS Medical College, Jaipur, to Medical College, Kota.
5. Dr. Man Prakash Sharma filed an appeal before the Tribunal challenging the order dated 29.5.2000. The appeal ultimately came to be allowed by the Tribunal vide order dated 12.9.2000. The Tribunal, while setting aside the order dated 29.5.2000 by which Dr. Man Prakash Sharma was transferred from Jaipur to Kota, also set aside the order dated 6.5.2000 by which Dr. D.P. Gupta was.transferred from Jaipur to Kota. Though the order dated 6.5.2000 by which Dr. DP Gupta was transferred from Jaipur to Kota. was not under challenge before the Tribunal, while setting aside the same, the Tribunal also directed the State Government to keep both Dr. D.P Gupta and Dr Man Prakash Sharma in SMS Medical College, Jaipur. The Tribunal, however, observed that the State Government may consider to transfer any other Assistant Professor in ENT Department. working at Jaipur to Medical College, Kota, in case he is not having any adverse circumstances. The order dated 12.9.2000 passed by the Tribunal in the appeal filed on behalf of Dr. Man Prakash Sharma. is under challenge in SB Civil Writ Petition No. 5075/2000 filed by the State Government.
6. During the pendency of the appeal, filed by Dr. Man Prakash Sharma. another order dated 22.7.2000 was issued by the Government making certain transfers of Assistant Professors in different Departments of various Medical College in the State. Dr. Nishi Sonkhia, Assistant Professor in ENT Department, Medical College. Jodhpur, was transferred to SMS Medical College, Jaipur, in place of Dr. Anita Bhandari. who was transferred on the same post from SMS Medical College, Jaipur, to Medical College, Jodhpur. The order dated 22.7.2000 was challenged by Dr. Anita Bhandari by way of filing an appeal before the Tribunal. The appeal was allowed by the Tribunal vide order dated 21.12.2000. While setting aside the order dated 22.7.2000 so far as Dr. Anita Bhandari and Dr. Nishi Sonkhia is concerned, the Tribunal, however, observed that the State Government should have transferred the persons who had longest stay, with a further observation that the Department may consider for increasing the sanctioned post looking to the increased w:irk load in the Department and thereafter, if required, the person with longer sta,' should be transferred first. The order dated 21.12.2000, passed by the Tribunal, in under challenge in S.B. Civil Writ Petition No. 4212001, filed by Dr. Nishi Sonkhia, and S.B. Civil Writ Petition No. 446/2001, filed by the
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