1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.8041/02 All Rajasthan Sahakari Bhoomi Vikas Bank Employees Union vs. The Registrar, Cooperative Societies, Rajasthan Nehru Sahkar Bhawan, Jaipur & Ors. Date of order : 2/2/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Reashm Bhargava for the petitioner. Ms. Gayatri Rathore ) Smt. Rani Bhandari ) Shri Vinod Kumar Dostya) for the respondents. ****** Heard learned counsel for the parties. Challenge in this present petition is made to the order of transfer dated 10.10.2002 by which the respondent no.4 Anil Kumar Tripathi was transferred as Supervisor, Jalore Cooperative Land Development Bank, Jalore to Jaipur District Cooperative Land Development Bank, Jaipur. The petitioner is a union of the employees working in the Jaipur Cooperative Land Development Bank. The grievance which has been raised is that the Project Director who has passed the order of transfer had no legal competence. The transfer of an employee of another Land Development Bank to 2 the Jaipur Land Development Bank is not permissible as there was no procedure for inter-se transfer in the bylaws of the Jaipur Bank. Learned counsel argued that even the Registrar of the Cooperatives had limited competence to interfere in the matter, especially in respect of the service conditions of the employee, the power of transfer does not vest with the Registrar. On the contrary, the respondents have cited number of transfer orders made in the past in the same manner but have not produced any rule especially empowering the Registrar, but there is no rule to show the competence of the Registrar. It was argued that the Project Director has passed such order of transfer. The Registrar, Cooperative as well as State Government has not filed the reply. Having regard to the facts of the case, the writ petition is disposed of with the liberty to the petitioner to make a representation to the Registrar, Cooperatives. The petitioner shall be at liberty to raise all such grounds including about competence of the Project Director 3 (Monitoring) and for that matter Registrar, Cooperatives for transfer of the employees of one Land Development Bank to another. If any such representation is made within one month, the same shall be considered and disposed of by Registrar Cooperatives within three months thereafter. (MOHAMMAD RAFIQ), J. RS/