1 D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1286/2008 Praveen Kumar Maurya Vs. The State of Rajasthan & Ors. Date of Order :: August 05, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. Santosh K. Jaiman for the appellant(s). *** This appeal is directed against the judgment of the learned Single Judge dated 18.7.2008 whereby the writ of quo warranto as prayed for by the appellant, was declined. The appellant approached the writ court with the prayer that the respondent no.4 is usurper of the office and there is not post like the Chief Executive Officer (CEO) in the municipal corporation and according to the provisions of the Rajsathan Municipalities Act, the office exists by the name of Commissioner, and therefore, the government could not post him as CEO. The learned Single Judge declined to issue the writ of quo warranto holding that the government can certainly post any of its officer against ex-cadre post and such posting of an officer cannot be considered to be in violation of any statute. We are not persuaded to take any other view in the matter because in our considered view also, when the statute empowers the State Government in accordance with provisions of Section 307 read with Section 297 of the Rajasthan Municipalities Act to make posting in the office of Commissioner merely because for administrative convenience, the post of Commissioner is re-designated in municipalities which are ranked as 2 municipal corporation, as CEO, the official posted against such post cannot be said to be lacking in authority or otherwise usurper of that office. We, therefore, do not find any merit in this appeal which is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-