HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 1230/2018

Dr. Ajay Choudhary Son Of Shri Chokharamji, Resident Of Churu,

Presently Holding The Post Of Chief Medical And Health Officer,

Sikar Rajasthan.

----Petitioner

Versus

1.

The State Of Rajasthan Through Its Principal Secretary,

Department Of Medical And Health Services, Government

Of Rajasthan, Secretariat, Jaipur.

2.

Deputy Secretary To The Govt., Department Of Medical

And Health Group-2, Government Of Rajasthan, Health

Bhawan, Jaipur.

3.

The C.M.H.O., Ratangarh, District Churu.

4.

The Joint Director, Medical And Health Services, Zone

Bikaner, Bikaner Raj..

5.

The Rajasthan Civil Services Appellate Tribunal, Circuit

Bench Jodhpur Through Its Registrar.

----Respondents

For Petitioner(s)

:

Mr. Yashpal Khileree

For Respondent(s)

:

Ms. Vandana Bhansali

JUSTICE DINESH MEHTA

Order

20/09/2021

1.

By way of the present writ petition, the petitioner has

challenged the order dated 26.12.2017, passed by the Rajasthan

Civil Services Appellate Tribunal, Circuit Bench, Jodhpur

(hereinafter referred to as “the Tribunal”) in an appeal filed by the

petitioner.

(2 of 7)

[CW-1230/2018]

2.

The above referred appeal was preferred challenging the

transfer order dated 28.11.2017. Learned counsel submits that as

the transfer itself has been cancelled, nothing remains to be done

so far as challenge to the transfer order is concerned, but still the

order of the Tribunal needs to be examined, particularly in relation

to imposition of huge exemplary cost of Rs.2,00,000/- and

direction of lodging FIR against the petitioner.

3.

The facts relevant for the above purpose are that the

petitioner, who was working as a Deputy Director in the Medical &

Health Department transferred by order dated 28.11.2017, from

Ratangarh, Churu to Hindaun City, Karoli.

4.

Challenging the above order on various grounds, the

petitioner preferred the appeal before the Tribunal on 11.12.2017;

the Tribunal issued notices of the appeal on 12.12.2017; and on

14.12.2017, it reserved the order.

5.

As the Tribunal reserved the order on 14.12.2017 without

granting any interim relief to the petitioner, he approached this

Court by way of filing a writ petition being S.B. Civil Writ Petition

No.17002/2017.

6.

A coordinate Bench of this Court refused to interfere in the

matter and dismissed the writ petition vide order dated

20.12.2017, however leaving it open for the petitioner to approach

the Tribunal for the purpose of securing appropriate order/relief.

7.

The petitioner, thereafter moved an application before the

Tribunal and prayed that in light of the observation made in the

order dated 20.12.2017 of the High Court, some interim

protection in relation to petitioner’s transfer be given.

8.

The Tribunal rejected petitioner’s appeal vide order dated

26.12.2017 with the following observations:-

(3 of 7)

[CW-1230/2018]

“In view of the above rulings of Hon’ble Supreme

Court of India we opine that the Appellant has not

been successful in proving allegation of malice in

issuance of transfer order in question. However, we

are constrained to record here that the Appellant

has not come with clean hands before the Tribunal

inasmuch as he also availed remedy before Hon’ble

Rajasthan High Court by filling S.B. Civil Writ

Petition No.17002/2017 which was later dismissed.

In fact, the Appellant himself is guilty of malice in

fomenting unrest amongst fellow doctors for going

on strike only because he stands transferred.”

9.

While dismissing the appeal, the Tribunal went on to issue a

host of directions; out of which petitioner felt aggrieved of the

following four directions:-

“c) State Government should consider amending

service rules of in-service doctors to the effect that

any doctor willfully absenting himself from duty due

to strike shall be deemed to have resigned from

government job.

d)