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HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Writ Petition No. 16786/2023

Deepak Gurjar S/o Shri Nathu Lal Gurjar, Aged About 37 Years,

Resident Of Shivaji Colony, Gali No. 10, Niwai, Tonk

----Petitioner

Versus

1.

Jaipur Vidyut Vitran Nigam Limited, Through Its Managing

Director, Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur-

302005

2.

The Secretary (Admn.), Jaipur Vidyut Vitran Nigam

Limited, Vidyut Bhawan, Jan Path, Jyoti Nagar, Jaipur-

302005

3.

Navneet Singh, Assistant Engineer (Vigilance), JCC, Jaipur

Now Order To Be Posted At The Place Of The Humble

Petitioner Under The Impugned Order No. 1817 Dated

06.10.2023

----Respondents

For Petitioner(s)

:

Mr. Tanveer Ahamad

For Respondent(s)

:

Mr. S.S. Shekhawat

Mr. R. P. Saini

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

19/10/2023

1.

Heard learned counsel for both parties and perused the

material available on record.

2.

It appears that petitioner, Assistant Engineer (A.En.) was

transferred vide order No.1803 dated 06.10.2023 (Ann.1) from

A.En (Vigilance-I), JCC, Jaipur to A.En (A-II), Bhankrota, Jaipur

and by the same order, private respondent No.3-Navneet Singh

was transferred in place of petitioner. Later on, on the same date,

vide subsequent order No.1817 dated 06.10.2023 (Ann.4), the

petitioner has again been transferred and posted to his previous

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place of posting i.e. A.En (Vigilance-I), JCC, Jaipur and Vice

petitioner and respondent No.3-Navneet Singh has been posted as

A.En (A-II), Bhankrota, Jaipur.

3.

Petitioner has assailed the subsequent order of transfer

No.1817 dated 06.10.2023 stating inter alia that the petitioner

had joined pursuant to his previous transfer order No.1803 dated

06.10.2023 on the post of A.En (A-II), Bhankrota, Jaipur after

taking charge from the private respondent No.3 in the forenoon of

06.10.2023 itself and thereafter, the subsequent transfer order

No.1817 has been passed on 09.10.2023 in the back date of

06.10.2023, just to accommodate the private respondent No.3

and such transfer order is not only against the transfer policy of

the respondent Nigam but suffers from malafides as well.

4.

On behalf of respondent-Jaipur Vidyut Vitran Nigam Limited,

reply to the writ petition has been filed and it has been pointed

out that vide the order No.1817 dated 06.10.2023 impugned

herein, petitioner was posted on the post of A.En (Vigilance-I),

JCC, Jaipur instead of A.En (A-II), Bhankrota, Jaipur on account

of administrative exigency and in the interest of Nigam. It has

been denied that the impugned transfer order was issued in the

back date and to accommodate the private respondent No.3 but it

has been pointed out that since it was apprised by the authorities

that a departmental inquiry is pending against petitioner and the

post of A.En (A-II), Bhankrota, Jaipur is a public dealing post,

therefore, the Nigam immediately cancelled the previous order of

transfer dated 06.10.2023 and passed fresh order to continue the

petitioner on his previous place of posting i.e. A.En (Vigilance-I),

JCC, Jaipur.

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5.

Learned counsel appearing on behalf of respondent No.3

submits that he has joined on the post of A.En (A-II), Bhankrota,

Jaipur pursuant to his transfer order No.1817 dated 06.10.2023

and has assumed the charge in the forenoon of 09.10.2023

(Ann.5).

6.

Learned counsel for the petitioner too does not dispute that

the private respondent No.3 has assumed the charge on the post

in question in his place by his own.

7.

This Court finds that two transfer orders in respect of

petitioner and private respondent No.3 were issued by the JVVNL

on the same date i.e. 06.10.2023. The first transfer order dated

06.10.2023 bears No.1803 and subsequent transfer order bears

No.1817. Although, counsel for the petitioner argued that the

subs