Transfers of Patwaris must comply with procedural requirements, including the necessity of a formal satisfaction note by the competent authority.

Order :

1. Under challenge herein is an order dated 15.01.2025 (Annex.2), vide which, petitioner has been transferred from Patwar Mandal Jeenvakhoota, Tehsil Sajjangarh, District Banswara to Patwar Mandal Tandamangla, Tehsil Sajjangarh, District Banswara.

2. The petitioner has been transferred without the necessary procedural steps being followed, particularly the failure of the District Collector to record a formal satisfaction for the transfer as required under Rule 9 and 412 of the Rules of 1957.

3. In the aforesaid backdrop, I have heard learned counsel for the petitioner and perused the case file.

4. First and foremost, my attention has also been drawn to Rule 9 and 412 of the Rajasthan Land Revenue (Land Records) Rules, 1957. The same being apposite and self speaking, read 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.

(emphasis supplied)

(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. Administrative matters pertaining to Patwaris. -

The Collectors are solely responsible for the appointment, transfer and discipline of Patwaris. Transfer of Patwaris are ordinarily undesirable and should on no account be made to suit the convenience of individuals. They can only be made under the conditions given in paragraph 9 and these conditions should be strictly observed. In order to avoid unnecessary transfers, Patwaris picked out for transfer, should, so far as possible be exchanged with one another rather than with other Patwaris. Transfers by way of punishment are not contemplated by law. Moreover, a transfer is hardly a substitute for punishment.”

5. In light of aforesaid, reference may be had to a judgment rendered in the case of Rajpal Singh Vs. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 544/2021 ), decided on 18.03.2021 wherein similar issue was involved. A Coordinate Bench of this Court observed therein that unless a satisfaction note is recorded by the competent authority, it would amount to an indiscriminate exercise of