1. Transfer order quashed — Issued without administrative exigency and with direction for disciplinary proceedings by incompetent authority — Violation of natural justice. (Para 1 , 2 )
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2025 Supreme(Online)(Raj) 14676
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Farjand Ali, J
Kailash Sankhla – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 14448/2018
Advocates:
For the Appellants/Petitioners: Muktesh Maheshwari
For the Respondents: Mukessh Dave, Tanuj Jain
For the Appellants/Petitioners: Muktesh Maheshwari
For the Respondents: Mukessh Dave, Tanuj Jain
Transfer orders lacking administrative rationale and directions to initiate disciplinary proceedings issued by an authority lacking jurisdiction are arbitrary and illegal, violating the principles of natural justice and statutory service rules.
Headnote:(A) Administrative Law - Transfer Orders - Arbitrariness - A transfer order issued without cogent justification, administrative exigency, or rationale is arbitrary and capricious, rendering it susceptible to judicial scrutiny. (Para 5.1, 5.2)
(B) Service Law - Disciplinary Jurisdiction - Competency of Authority - A direction to initiate disciplinary proceedings against a Medical Officer issued by an officer of a different administrative department (Superintendent, Central Jail) lacks jurisdiction and is procedurally improper; such actions must be undertaken by the competent authority as per service rules. (Para 5.1, 5.2)
(C) Natural Justice - Procedural Safeguards - Compliance with CCA Rules - Disciplinary actions must strictly follow prescribed procedural safeguards, including enquiry and opportunity of explanation, as enshrined in the Rajasthan Civil Services (Classification, Control & Appeal) Rules. (Para 3.1, 5.2)
Issues: Whether the impugned transfer orders and the attendant direction to initiate disciplinary proceedings were arbitrary and issued by a competent authority.
Legal Category Hierarchy
Table of Contents
2. Petitioner argued transfer arbitrary and without jurisdiction; respondent argued transfer valid in public interest and alternative remedy available. (Para 3 , 4 )
3. Writ petition allowed; impugned transfer orders quashed; liberty to initiate disciplinary proceedings in accordance with rules. (Para 6 )
Order
06/11/2025
1. The petitioner has filed the instant writ petition seeking quashment of the impugned transfer orders dated 31.08.2018 and 04.09.2018 issued by Respondent No.3 and for issuance of a direction to allow the petitioner to continue discharging his duties at his present place of posting, i.e., Central Jail, Bikaner. The petitioner contends that the said transfer orders are arbitrary, illegal, devoid of any administrative rationale, and violative of the
principles of natural justice, and therefore, are liable to be set aside.
2. In nutshell, the facts giving rise to the instant Writ Petition are that the petitioner is serving as a Medical Officer under the Department of Medical & Health Services, Government of Rajasthan. His service conditions, including transfer and posting, are governed by the Rajasthan Civil Services Rules, 1951 and the competent authority in such matters is the Director (Public Health), Medical & Health Services.
2.1. In 2016, the petitioner was posted to Central Jail, Bikaner. During a routine inspection of the Central Jail by the District Collector, Bikaner, on 11.01.2017, an alleged complaint was noted upon which, prompting the Chief Medical & Health Officer (CMHO) to direct the Superintendent, Central Jail, Bikaner to ensure that the petitioner performed his duties punctually and carried out proper medical checkups of prisoners. The petitioner was duly informed of this communication (Annexure 1).
2.1. Subsequently, Respondent No.3-CMHO issued an order dated 30.10.2017 directing the petitioner to report to the office of CMHO. In compliance, the Superintendent, Central Jail, passed a relieving order (Annexure 3). However, the CMHO later realized his lack of authority and recalled the same vide order dated 29.11.2017 (Annexure 4). Thereafter, the Deputy Secretary to the Government, Medical & Health Services (Group-2), issued the impugned transfer orders dated 31.08.2018 and 04.09.2018 transferring the petitioner from Central Jail, Bikaner, to
Community Health Center, Masalpur (Karauli). Strikingly, the transfer order included directions for the Superintendent, Central Jail, to initiate disciplinary proceedings under Rule 16 of the CCA Rules, 1958, which is wholly unwarranted and without jurisdiction (Annexure 5). Hence, the instant Writ Petition.
3. Learned counsel for the petitioner submits that the impugned transfer order is manifestly arbitrary, unjust, and devoid of any administrative exigency or rationale, particularly as the petitioner has consistently performed his duties at Central Jail, Bikaner, with diligence and efficiency. He further submits that the order fails to provide any specific reason for the transfer, nor does it allege any adverse conduct, thereby rendering the transfer capricious and violative of settled principles of administrative law.
3.1. It was further alleged that the direction to initiate disciplinary proceedings, as included in the endorsement of the transfer order, contravenes the procedural safeguards prescribed under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, which require that any complaint or disciplinary action must be preceded by enquiry, opportunity of explanation, and considered opinion by the competent authority. The impugned direction, being whimsical, prejudicial, and without authority, is impermissible in law.
3.2. Lastly he submits that the impugned transfer orders dated 31.08.2018/04.09.2018 is illegal, ultra vires, and without jurisdiction, thus it is prayed that the same may be quashed and
set aside and the respondents may be directed to allow the petitioner to continue at his present posting.
4. Learned counsel for the respondent submitted that the contentions raised by the petitioner are wholly misconceived, legally untenable, and devoid of merit. The impugned transfer orders (Annexure 5) were issued by a competent authority purely on valid administrative grounds in public interest, and transfers being an incident of
