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2024 Supreme(Online)(RAJ) 26901
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE VINIT KUMAR MATHUR, J
LALIT PAL – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 14818 / 2023
Mr. B.S. Sandhu with Mr. Divik Mathur for Petitioner(s); Mr. Jitendra Kumar Mishra, AGC for Respondent(s)
Transfer orders for government servants must comply with established procedures, including the necessity of emergent circumstances and approval from the Chief Minister's Office.
Headnote:(A) Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 - Transfer of government servant - Transfer order dated 05.08.2024 challenged on grounds of violation of ban orders and lack of concurrence from the Chief Minister's Office - Court held that transfer cannot be used to circumvent disciplinary procedures during pending inquiries. (Paras 8, 9, 10)
(B) Administrative Exigency - Court emphasized that transfer orders must indicate emergent situations and require proper approval, failing which they are unsustainable. (Paras 9, 10)
Facts of the case:
The petitioner, a Deputy Conservator of Forest, challenged his transfer order issued during a ban period without necessary approvals, arguing it violated established procedures. The transfer was purportedly due to a pending inquiry against him.
Findings of Court:
The transfer order was quashed as it lacked legal basis and proper administrative justification, emphasizing adherence to procedural norms in government transfers.
Issues: The main issues were whether the transfer order violated the ban imposed by the State Government and whether it was passed without necessary approvals.
Ratio Decidendi: The court ruled that a transfer order issued without emergent circumstances and without the Chief Minister's concurrence is invalid, reinforcing the need for adherence to procedural rules in government service matters.
Result: Writ petition allowed; transfer order quashed.
Order
23/09/2024
1. Heard learned counsel for the parties.
2. The present writ petition has been filed against the order dated 05.08.2024 (Annex.15) passed by respondent No.2-Deputy Secretary to Government, Forest Environment and Climate Change Department, Rajasthan, whereby, the petitioner has been transferred to the Office of Principal Chief Conservator of Forest, Jaipur, on the post of Deputy Conservator of Forest EGS. The petitioner has also challenged the order dated 07.05.2024, whereby, the petitioner has been placed under Awaiting Posting Order. However, learned counsel for the petitioner, at the outset, does not want to press the prayer for quashing the order dated 07.05.2024, placing the petitioner under Awaiting Posting Order.
3. Briefly noted the facts in the present writ petition are that the petitioner was appointed on the post of Assistant Conservator of Forest vide order dated 11.03.2015 by way of direct recruitment examination conducted by the Rajasthan Public Service Commission. After appointment on the post of Assistant Conservator of Forest, the petitioner was promoted to the post of Deputy Conservator of Forest at the relevant point of time. He was then posted on the post of Deputy Conservator of Forest-IGNP-II at Jaisalmer. While working as such, the petitioner has been placed under Awaiting Posting Order on 07.05.2024. The petitioner challenged this order of awaiting posting by way of filing an appeal before the Rajasthan Civil Services Appellate Tribunal but, the same has been dismissed by the Tribunal vide order dated 19.06.2024. The petitioner further challenged the order dated 19.06.2024 by way of filing a writ petition before this Court being S.B. Civil Writ Petition No.11165/2024. During pendency of the writ petition, the petitioner has been transferred vide order dated 05.08.2024 to the Office of Principal Chief Conservator of Forest, Jaipur, on the post of Deputy Conservator of Forest EGS. Hence, the present writ petition has been filed.
4. Learned counsel for the petitioner submits that the transfer order dated 05.08.2024 has been passed during the ban period without complying with the directions issued in the orders dated 04.01.2023 & 03.01.2024, which is a gross violation of the ban orders imposed by the State Government. Leaned counsel further submits that in the transfer order dated 05.08.2024, there is no mention of any emergency/urgency and further, the transfer order does not indicate that the same has been passed after taking approval from the Office of the Hon’ble Chief Minister. He submits that the issue involved in the present case is squarely covered by a judgment rendered by this Court in S.B. Civil Writ Petition No.10490/2024 (Dr. Mahesh Kumar Panwar vs. State of Rajasthan & Ors.) decided on 09.09.2024. He, therefore, prays that the writ petition may be allowed and the transfer order dated 05.08.2024 may kindly be quashed and set-aside.
5. Per contra, learned counsel for the respondents submits that the order dated 05.08.2024 has been passed on account of a preliminary enquiry pending against the petitioner. He submits that the petitioner has committed gross misconduct and has violated the directions issued by the superior authorities. Learned counsel for the respondents, however, is not in a position to controvert the fact that the transfer order has been passed without taking any concurrence from the Office of the Hon’ble Chief Minister. He is also not in a position to refute the fact that the present controversy is covered by the judgment rendered by this Court in the case of Dr. Mahesh Kumar Panwar (supra).
6. I have considered the submissions made at the Bar and have gone through the relevant records of the case.
7. That facts narrated and the submissions made hereinabove clearly depict that the petitioner has been
