CW 9827/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.9827/06 Vidyadar Singh & Ors. Versus State & Ors. DATE OF ORDER : 27/01/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Sandeep Garssa, for petitioners Mr. Pradeep Kalwania, Addl. Govt. Counsel, for respondents *** Matter has come up on application filed U/Art.226(3) of the Constitution of India for vacation of ex-parte stay order passed by this court dt.15th December, 2006, but with the consent of parties, it is finally decided at this stage. This is a joint petition filed by three petitioners assailing order impugned Ann.4 dt.11th December, 2006 whereby they were transferred within Panchayat Samiti. Petitioners, who are working as Primary School Teacher, have been transferred vide order Ann.4 dt.11th December, 2006 within Panchayat Samiti, Nawalgarh from one School to another. Main grievance raised by petitioners is that against them certain complaints were made which was later on found to be false and in such circumstances, the premise on which respondents CW 9827/06 [2] initiated action for transferring them by common order Ann.4 is malafide and deserves to be set aside. Respondents have filed reply to the writ petition and raised objection in regard to availability of alternative remedy to the petitioner before Service Appellate Tribunal. It has been further submitted that independent inquiry was held by their officer on the complaint being received on 25th August, 2006, copy of which has been placed on record as Ann.R/1. Taking note thereof, the authority has considered appropriate to transfer them within Panchayat Samiti, Nalwagarh. Counsel further submits that since petitioners have otherwise worked for sufficient long time and taking note of report Ann.R/1, in the interest of administration the authority competent has transferred them which cannot be said to be malafide in law as submitted by counsel for petitioner. Whenever there is a complaint received, it is for the authority to consider as to whether regular inquiry is required to be initiated against him or may be shifted from the institution in the interest of administration. CW 9827/06 [3] Taking note of material came on record being administrative head the authority considered appropriate to adopt later recourse and transfer petitioners from their educational institution to another within Panchayat Samiti vide order Ann.4 dt.11th December, 2006 which cannot be said to be malafide as submitted by counsel for petitioner. Apart from it, such action in view of Ann.R/1 initiated by the respondents certainly is for smooth running of the administration, even otherwise it does not affect the service condition of the employee. Transfer is otherwise incidence of service and no one can claim as a matter of right to remain at a particular station. However, petitioners have otherwise worked in respective educational institutions for sufficient long time and have been transferred within Panchayat Samiti, Nawalgarh. This court does not find any infirmity in the order impugned passed by the respondents which may call for interference. Consequently, writ petition fails and is hereby dismissed. Interim order also stands vacated. No costs. [AJAY RASTOGI], J. FRBOHRA9827CW06 27-1.doc