1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT DB Civil Special Appeal (Writ) No. 251/2010 in SB Civil Writ Petition No. 1985/2010 Shanti Lal Khatik Vs The Rajasthan Civil Services Appellate Tribunal, Jaipur & ors 31.03.2010 Hon'ble the Chief Justice Mr Jagdish Bhalla Hon'ble Mr Justice MN Bhandari Mr DP Sharma - for appellant BY THE COURT: This appeal is directed against the judgment dated 24.2.2010 whereby writ petition preferred by the petitioner- appellant was dismissed. Appellant herein preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short 'the Tribunal') to challenge order of transfer. The Tribunal dismissed the appeal. Aggrieved by the order of the Tribunal, petitioner 2 appellant preferred the writ petition. The main argument raised before the learned Single Judge was regarding competence of the authority passing order of transfer. It was urged that on the instructions of the higher authority, Annexure-3 to the writ petition was passed. As per Rules, Dy Conservator of Forest is the authority who can pass order of transfer. However for the reason that order of transfer was passed at the instance of Chief Conservator of Forest it become an illegal order. It is further submitted that Annexure-2 passed by the Chief Conservator of Forest does not specify reasons and place of transfer thus for that reason also impugned order Annexure-3 as well as judgments deserve to be set aside. We have considered submissions made by learned counsel for appellant and perused the record so as the judgments passed by the learned Single Judge as well as the Tribunal. Perusal of judgment of the learned Single Judge shows that issue regarding competence of Chief Conservator of Forest was considered and it was held that he being the higher authority, vest with the powers of subordinate officer. Dy Conservator of Forest had passed the order of transfer and it does not affect condition of service of the appellant. If higher authority has taken decision to transfer, it cannot be said to be arbitrary or 3 vindictive action against the appellant. In view of aforesaid, it was held that the order of transfer has been passed by the competent authority. The order of transfer has been passed by the Dy Conservator of Forest under the instructions of Chief Conservator of Forest. The Chief Conservator of Forest, being the head of the department was competent to instruct its subordinate to carry out the order. There exists no violation of Rules in passing the order of transfer and there is no allegation of mala fide and in absence thereof order of transfer cannot be interfered with on the ground that instructions of Chief Conservator of Forest does not indicate place of transfer. In view of above, we find no error in the judgment passed by the learned Single Judge. Accordingly, the appeal is dismissed. (MN Bhandari) J (Jagdish Bhalla) CJ bnsharma