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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI, J.
Rajesh Sahu, S/o. Ramlal Teli - Petitioner
Versus
State of Rajasthan, Through Secretary, Department of Revenue, Government of Rajasthan, Secretariat, Jaipur (Raj.) & Ors. - Respondents
S.B. Civil Writ Petition No. 5058 of 2024
Decided On : 16-07-2024
TRANSFER - PATWARI TRANSFER REGULATIONS - RULE 9, RULE 412 OF THE RULES OF 1957 - The court discussed the provisions of Rule 9 and Rule 412 of the Rules of 1957, emphasizing that transfers of Patwaris are exceptions and must be justified by the interest of efficiency or to fill vacancies. The court highlighted that unsatisfactory work cannot be a basis for transfer and that the competent authority must demonstrate satisfaction regarding the necessity of the transfer. The lack of specified posting in the transfer order indicated a failure to apply the required legal standards, leading to the decision to quash the transfer order.
Fact of the Case:
The petitioner, a Patwari, challenged a transfer order dated 22.02.2024, which did not specify a new posting location, and the subsequent dismissal of his appeal by the Rajasthan Civil Services Appellate Tribunal. He argued that the transfer violated established rules governing Patwari transfers.
Finding of the Court:
The court found that the transfer order was issued without the necessary satisfaction regarding the interest of efficiency or filling a vacancy, as required by Rule 9 and Rule 412 of the Rules of 1957. The absence of a specified posting further indicated a lack of proper consideration by the competent authority.
Issues: Whether the transfer of the petitioner was in compliance with the provisions of Rule 9 and Rule 412 of the Rules of 1957, and whether the competent authority had adequately justified the transfer.
Ratio Decidendi: The court held that transfers of Patwaris are not a normal incidence of service and must adhere to specific legal provisions. The authority must ensure that transfers are necessary for efficiency or to fill vacancies, and unsatisfactory work cannot justify a transfer. The failure to specify a new posting indicated a lack of application of mind by the authority.
Final Decision: The court quashed the transfer order dated 22.02.2024 and the dismissal order from the Civil Services Appellate Tribunal, allowing the writ petition and emphasizing the need for compliance with the statutory requirements for Patwari transfers.
ORDER
Farjand Ali, J.
1. The instant Writ Petition has been filed on behalf of the petitioner with the following prayers:-
2. By an appropriate writ, order or direction, the impugned order dated 06.03.2024 (Annex.5) passed by the learned Civil Service Tribunal, Jodhpur may kindly be quashed and set aside.
2. The case of the petitioner is that he was appointed on the post of ‘Patwari’ vide order dated 16.05.2013 passed by the District Collector, Chittorgarh. His first place of posting was Kapasan and after completion of probation period, his service were regularized by the respondent-Department. Vide order dated 22.08.2022 (Annex.2) he was transferred from Pandoli, Tehsil Kapasan to Kankarwa, Tehsil Bhopalsagar whereafter vide order dated 20.09.2022 (Annex.3), he was again transferred from Kankarwa, Tehsil Bhopalsagar to Bansen, Tehsil Bhadesar. Vide order dated 22.02.2024, the respondent-Board Of Revenue, Ajmer again transferred him from Bansen, Tehsil Bhadesar, District Chittorgarh to District Bhilwara. Interestingly, no place of posting is mentioned in the transfer order dated 22.02.2024 (Annex.4). Aggrieved by the said order, the petitioner has preferred an Appeal No.94/2024 before the Rajasthan Civil Services Appellate Tribunal, Jodhpur, which came to be dismissed on 06.03.2024. Hence the instant writ petition.
3. The case of the petitioner is squarely covered with the judgment passed by the Division Bench of this Court, vide order dated 18.03.2021 in the matter of Rajpal Singh Vs. State of Rajasthan & Ors. wherein it has been held as under:-
"9. Transfers. -(i) The Collector may transfer a Patwari from one circle or tehsil to another in his own district: but no transfer of a Patwari from one district to another shall be made without the sanction of the Member, Land Records, Board of Revenue. Transfers from one Division to Another will be sanctioned by the Board of Revenue. The Sub-Divisional Officers are also empowered to transfer a Patwari from one circle to another in the same tehsil or to another tehsil in their sub-division on sufficient grounds.
Provided that if a Patwari is transferred out of the district on his own request he shall rank junior to existing Patwar is of that district.
(ia) The Sub-Divisional Officer may transfer a Patwari anywhere within the Sub-Division and the Collector may transfer a Patwari anywhere within the District: Provided that the State Government may direct the Collector for the transfer of a Patwari anywhere within the District.
(ib) The Divisional Commissioner may transfer a Patwari anywhere within the Division and the Board of Revenue may transfer a Patwari anywhere within the State: Provided that the State Government may direct the Divisional Commissioner for the transfer of a Patwari anywhere within the Division or the Board of Revenue for the transfer of a Patwari anywhere within the State.
(ii) Transfers of patwaris should not be made unless the officer has satisfied himself that such transfer is necessary in the interest of efficiency of work or to fill up vacancy created by long leave, resignation, dismissal, suspension or transfer of a Patwari. The Patwari going on transfer shall have to complete all his record and clear all his work in arrear before handling over charge to his successor. The Tehsildar may, with the approval of the Sub-Divisional Officer, get the incomplete record completed by employing extra staff and paying such staff by deducting the required amount from the salary of the negligent Patwari. The unsatisfactory work or conduct of a Patwari should not be a ground for his transfer but for penal action.
412. Administrativ
Transfers of Patwaris must comply with specific legal provisions that require justification based on efficiency or vacancy filling, and cannot be made arbitrarily or as a punitive measure.
The main legal point established in the judgment is that the transfer of Patwaris is an exception and cannot be made as a routine. The court emphasized the importance of Rule 9 and Rule 412, which di....
Transfers of Patwaris can occur for administrative exigency, and guidelines regarding tenure are not absolute restrictions.
The court affirmed that transfer orders for government employees are generally not subject to judicial interference unless proven to be arbitrary or in violation of statutory rules.
A transfer order for a Patwari must specify the place of posting to comply with procedural requirements, ensuring the competent authority's application of mind.
A transfer order for a Patwari must specify the place of posting to demonstrate the competent authority's consideration of efficiency and vacant positions, as mandated by Rule 9 of the Rules of 1957.
Transfers of Patwaris must comply with procedural requirements, including the necessity of a formal satisfaction note by the competent authority.
Transfers of Patwaris must comply with the authority and procedures established in the Rajasthan Land Revenue (Land Records) Rules, 1957.
The main legal point established in the judgment is that the power to transfer a Patwari is vested in the Collector and the Board of Revenue, and inter-division transfers can only be made upon the Pa....
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