CWP 13270/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13270/2008 Umesh Gupta Versus State & (3) Ors Date of Order ::: 25/11//08 Hon'ble Mr. Justice Ajay Rastogi Mr. Shiv C.Gupta, for petitioner Instant petition has been filed assailing order dt.13/10/08 (Ann.3) whereby petitioner while holding post of Junior Engineer at Panchayat Samiti, Sangod (Kota) has been transferred to Jaswantpura (Jalore). Petitioner was earlier transferred vide order dt.28/06/08 (Ann.1) from Jaswantpura to Sangod vice Vikash Jain (respondent No.3). It appears that at relevant point of time, petitioner continued to work at Sangod and later on, fresh order (Ann.3) was passed by respondents on 13/10/08 transferring him to Jaswantpura which was assailed by way of appeal (2373/08) but dismissed by Tribunal vide order dt.12/11/08 (certified copy whereof produced in course of arguments). Counsel submits that transfer order impugned has been passed only to accommodate respondent No.3 at the behest of respondent NO.4 – against whom malice has been imputed on the premise that because of political intervention of respondent No.4, order of transfer impugned has CWP 13270/08 //2// been passed by the authority. Suffice it to say that the authority which has passed order of transfer impugned is expected to pass orders while taking note of administrative exigency. No malice has been imputed against the authority which passed order of transfer impugned. As regards respondent NO.4, he is neither Minister in-charge or has any role either way in passing the order impugned. That apart, transfer is an incidence of service and can always be passed by respondents in administrative exigency of service. Learned tribunal has also examined the order of transfer in details while rejecting appeal vide order dt.12/11/08. Having examined the material on record this Court does not find any manifest error which may call for interference. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/13270CW08-2511.doc