1991 Supreme(Raj) 584
RAJASTHAN HIGH COURT AT JAIPUR BENCH
G.S.Singhvi, J.
Suresh Chand Garg & Ors. - Appellant
Versus
State of Rajasthan & Ors. - Respondent
S.B. Civil Writ Petition No. 899 of 1991.
Decided On : 27-02-1991
A transfer order of a government servant is not malafide or arbitrary merely because the employee alleges that it was motivated by malice or political considerations. The employee must provide concrete evidence to support such allegations.
Headnote:
TRANSFER OF GOVERNMENT SERVANT - RAJASTHAN MUNICIPAL SERVICE RULES, 1963 - TRANSFER OF REVENUE OFFICER GRADE-II FROM MUNICIPAL COUNCIL, AJMER TO MUNICIPAL BOARD, SAMBHAR - CHALLENGE TO TRANSFER ORDER - ALLEGATIONS OF MALAFIDE AND VIOLATION OF FUNDAMENTAL RIGHT TO FORM ASSOCIATION - COURT HELD THAT TRANSFER ORDER WAS NOT MALAFIDE OR ARBITRARY AND DID NOT VIOLATE PETITIONER'S FUNDAMENTAL RIGHT.
Fact of the Case:
Petitioner, a Revenue Officer Grade-II in the Rajasthan Municipal Service, challenged his transfer from Municipal Council, Ajmer to Municipal Board, Sambhar. He alleged that the transfer was malafide and actuated by malice of certain officers and members of the Bhartiya Janata Party, and that it violated his fundamental right to form association under Article 19(1)(c) of the Constitution of India.
Finding of the Court:
The court found that the petitioner had failed to establish malafide on the part of any of the respondents in passing the transfer order. It also held that the transfer did not violate the petitioner's fundamental right to form association, as he could still continue to function as president of the association from his new posting.
Issues: 1. Whether the transfer order was malafide or arbitrary? 2. Whether the transfer order violated the petitioner's fundamental right to form association under Article 19(1)(c) of the Constitution of India?
Ratio Decidendi: 1. The court held that the transfer order was not malafide or arbitrary, as the petitioner had failed to establish any malafide intention on the part of the respondents. It also noted that the petitioner had not suffered any adverse change in his status or salary as a result of the transfer. 2. The court held that the transfer order did not violate the petitioner's fundamental right to form association, as he could still continue to function as president of the association from his new posting. It also noted that the petitioner had not been prohibited from carrying out his activities as president of the association.
Final Decision: The court dismissed the writ petition, holding that the transfer order was not malafide or arbitrary and did not violate the petitioner's fundamental right to form association.
JUDGMENT
1. - This writ petition of the petitioners is directed against the order dated 7.2.1991 (Ex. 9) passed by the Deputy Secretary to the Government Local Self Government Department whereby the petitioner has been transferred as Revenue Officer Grade-II from Municipal Council, Ajmer to Municipal Board, Sambhar.
2. The petitioner No. 1 is the person who has been transferred and petitioner No.2 is association of the officers serving in various Municipal Boards/ Councils in Rajasthan.
3. The petitioner had joined service as Revenue Officer Grade-II in the year 1980 on the basis of appointment order dated 27.8.1980 passed by the Government after he had been selected for this post in accordance with the provisions of Rajasthan Municipal Service Rules, 1963. By an order dated 19.12.1989 the petitioner had been transferred from Municipal Council Kishangarh Madanganj to Municipal Council, Ajmer . The petitioner has stated that he has been working as Revenue Officer Gr. II at Municipal Council, Ajmer without any complaint from any quarter.
4. The petitioner was instrumental in forming the Rajasthan Local Bodies Officers Association and he has been elected as President. Head Office of this association is located at Ajmer. The petitioner No.2 association submitted a charter of demands to Hon'ble Chief Minister of Rajasthan on 17.1.1990. When the demands raised in the demand charter were not met an agitation was conducted under the leadership of the petitioner. A settlement was arrived between the department and the association on 16.2.1990. The settlement bears the signatures of the petitioner in the capacity of the President of the association. Thereafter circular dated 20th February, 1990 was issued by the Director Local Bodies for implementing the said settlement.
5. According to the petitioners, petitioner No. 1 has been continuously agitating for the realisation of the lawful and justified demands of the officers of the Local Bodies. This has not been relished by respondents Nos. 1, 2 & 3. A letter dated 6.5.1990 was addressed by the petitioner to the Minister, Local Self Government pointing out the ill-will and malafide of the Director of the Local Bodies against the members and office bearers of the association. The association had lodged strong protes against the unbecoming and obdurate attitude of Shri K.K. Choudhary and other senior officers of the Directorate of the Local Bodies. The petitioners have further alleged that Ajmer Municipal Count is now headed by Shri Ratan -Lal Yadav who belongs to Bhartiya Jant Party. The Petitioner does not subscribe to the political ideology and phil sophy of Bhartiya Janta Party and therefore the Municipal Council, Ajmer has been lodging baseless and untenable complaints against the petitioner No. 1 for getting him transferred to some other place. A representation against this was made to the Director Local Bodies. on 15.11.1990.The petitioner has alleged that on account of the malafide of Shri K.K. Choudhary this order of transfer has been issued. It has also been stated that this transfer has been made in order of frustrate the activities of the petitioner as President of the association effectively. This has resulted in violation of fundamental right to form association which is guaranteed by Article 19(1) (c) of the Constitution of India.
6. Shri Samdaria learned counsel for the petitioner has strenuously urged that transfer of the petitioner is not bonafide. It is not in public interest or in the interest of service. The Petitioner No. 1 has been transferred for unexplained reasons. The transfer is actuated by malice of respondent No. 3 and also Shri Ratan Lal Yadav and other members of Bhartiya Janta Party who are controlling Municipal Council, Ajmer.-Shri Samdaria has placed reliance on the decision of this Court reported in R.N. Sharma v. Union of India 1983 RLR 41 , Asu Singh v. State of Raj. 1984 RLR 143 , and All India Loco Running Staff Association Northern Railway v. Union of
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