1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR : O R D E R : S.B. CIVIL WRIT PETITION NO.4029/2008 (Prahlad Chaudhary Vs. State of Rajasthan & Anr.) Date of Order :: 02.09.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Ramesh Purohit, for the petitioner. This petition has come up for hearing upon application filed by the petitioner for modification of order passed on 03.07.2008. In the application it is submitted that transfer of the petitioner from the post of Patwari village Thur was out come of a complaint. In that complaint while passing an order for awaiting posting order, the District Collector passed an order for inquiry. In the inquiry all allegations levelled against petitioner were found to be wrong, therefore, petitioner was to be posted as Patwari, village Thur again where he was working prior to filing complaint against him. 2 The case of petitioner is that due to malafide reasons petitioner was disturbed from the post of Patwari village Thur on the basis of false complaint filed against him, therefore, the District Collector passed an order for awaiting posting order of petitioner. Latter on, an inquiry was conducted against petitioner upon the so called complaint and in the inquiry all allegations levelled against him were found to be false and wrong. Therefore, in the interest of justice, the District Collector, was required to post him again on the post of Patwari, village Thur while taking into account the conclusion of the inquiry conducted against him, but District Collector instead of restoring posting of the petitioner at village Thur passed an order for transfer of petitioner at village Kurabara (Girwa) vide impugned order dated 28.06.2008. It is submitted by the counsel for the petitioner that although in inquiry nothing adverse came out but object of the complainant has been fulfilled because he has succeeded in dislodging petitioner from the village Thur. I am of the opinion that transfer is an incident of service, but it should not be made against the statutes and employees should not be transferred illegally and malafidely. In the above facts and circumstances of the case, the petitioner is directed to file fresh representation to the District 3 Collector within a period of one week from today with regard to his transfer. Upon filing such representation, the District Collector is directed to decide the representation of petitioner for restoring his posting at village Thur while taking note of the fact that in the inquiry conducted against petitioner, he was not found guilty for any lapses. This exercise shall be completed within a period of 15 days from the date of filing representation. With above directions application and this writ petition itself is disposed of with further direction that till decision of representation, status quo as ordered by this Court on 03.07.2008 shall be maintained and at the time of deciding representation of the petitioner, the District Collector, Udaipur being competent authority shall apply its own mind and shall not consider any other material. No order as to costs. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-