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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE SAMEER JAIN, J
Sunil Kumar S/o Shri Hoshiyar Singh – Appellant
Versus
Senior Divisional Security Commissioner, Railway Protection Force, Jaipur – Respondent
ORDER :
Sameer Jain, J.
1. The present petition is filed with the following prayers:
“a) Order bearing no.36/2022 dated 13.10.2022 (Annexure – 4) transferring the petitioner from North Western Railway Zone posted at Kanakpura outpost, Jaipur Post, Jaipur Division to Southern Railway may kindly be quashed and set aside;
b) Any other order or direction in connection with or consequent to the impugned order dated 13.10.2022 (Annexure – 4) issued by respondents during pendency of this writ petition may also be quashed and set aside.”
2. The factual matrix of the instant case is as follows:
2.1. The petitioner was appointed on the post of Sub- Inspector in Railway Protection Force (RPF) in the year 2010 and is presently holding the said post as a substantive employee.
2.2. The petitioner vide order dated 24.11.2017 was transferred from Northern-Eastern Zone (Original Cadre) to Northern-Western Zone on account of his personal reasons. Due to said inter-zonal transfer the petitioner had to compromise with his seniority.
2.3. On 12.01.2022 an FIR bearing No.08/2022 was registered against the petitioner qua Anti Corruption Bureau (ACB), Jaipur under the provisions of Section 7 of the Prevention of
Transfers of employees under the Railway Protection Force Rules are valid if made by competent authority and justified by public interest, even during ongoing disciplinary proceedings.
Point of law: Public orders, publicly made, in exercise of a statutory authority cannot be construed in the light of explanations subsequently given by the officer making the order of what he meant, ....
The court ruled that transfer orders are administrative decisions and can only be interfered with if proven mala fide or in violation of statutory provisions.
The central legal point established in the judgment is that the applicability of specific circulars and the justification for employee transfers must align with the circumstances and provisions outli....
Statutory transfer powers under Rule 226 IREC prevail over policy guidelines; no interference with administrative exigency transfers absent mala fides, despite tenure/policy deviations or personal ha....
The main legal point established in the judgment is that transfer orders made in public interest and for administrative reasons, with proper justification and grounds provided by the authorities, sho....
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