1 CWP 10150/09 In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** Civil Writ Petition No. 10150/2009 Brij Bhushan Yadav Versus State & anr. Date of Order ::: 09/09/2009 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajay Gupta, for petitioner. Mr. Ashok Joshi, for respondents Heard counsel for the parties. Instant writ petition has been filed by the petitioner who is working as Deputy Registrar (Cooperative), since not maintaining good health and got his kidney transplanted as is evident from document Annexure-1, made a request to the authorities and taking note thereof he was transferred and posted as General Manager, Cooperative Wholesale Bhandar, Ajmer vide order dated 25/02/2009 (Annexure-4) but by a subsequent order dated 27/02/2009 (Annexure-6) he was posted against the post of Executive Officer, Central Cooperative Bank, Ajmer. It may be relevant to mention that in compliance of the order dated 27/02/2009 (Annexure-6) the petitioner joined his duties as Executive Officer, Central Cooperative 2 CWP 10150/09 Bank, Ajmer on 02/03/2009 and without disclosing about joining as Executive Officer, preferred appeal before the Tribunal and interim order was granted to him on 09/07/2009 and in compliance thereto, he got himself relieved from the post of Executive Officer and reported back against the post of General Manager, Cooperative Wholesale Bhandar, Ajmer on which he was posted in pursuance of the order dated 25/02/2009. The respondent No. 3 submitted his reply and placed documents before the Tribunal to show that the petitioner has concealed material facts from the Tribunal and has deliberately not disclosed that the petitioner had already joined in compliance of the order impugned dated 27/02/2009 on 02/03/2009 and obtained stay order from the Tribunal. Taking note of material on record, the learned Tribunal recorded a finding in its order impugned about concealment of fact and also observed that he was shifted within Ajmer from the post of General Manager to Executive Officer, Central Cooperative Bank, Ajmer itself and dismissed the appeal preferred by him vide order dated 20/07/2009. Counsel for the petitioner reiterates the 3 CWP 10150/09 very submission which he had made before the learned Tribunal has further stressed that looking to his ill health and nature of arduous duties which he has to discharge, it will be difficult for him to work as Executive Officer in Central Cooperative Bank, Ajmer and further submits that the respondent No. 3 being Assistant Manager could not have been posted as General Manager of the Cooperative Wholesale Bhandar, Ajmer. Counsel further submits that the respondent NO. 3 at the back of the petitioner filed application on which the matter was taken up by the Tribunal and without affording a reasonable opportunity of hearing order was passed by the Tribunal rejecting the appeal preferred by him which certainly caused prejudice and the same is in violation of principles of natural justice. Counsel further submits that there was no concealment on the part of the petitioner and as per advise given to him by his counsel, the narration of which has been made in Para No. 14-F of the petition, that since the Tribunal was not functioning at Jaipur and he was not aware of as to how long it will take to constitute, in such circumstances, he was asked to join and in these facts and situation the very finding recorded by the Tribunal with 4 CWP 10150/09 regard to material concealment, is liable to be interfered with by this Court. Counsel for respondent No.3, who is caveator, supported the findings recorded and further contended that shifting of the petitioner from one post to other in the same station at Ajmer in no manner can be said to be a transfer and be that as it may, the order impugned does not affect either of the service conditions and in such circumstances, the findings, which have been recorded by the Tribunal, do not call for any interference. I have heard counsel for the parties and with their assistance perused the material on record. In the matters of transfer which is an incident of service and does not affect either of the service conditions of the employee, the authority competent, in the interest of administration or in the exigencies of service, can always transfer its employees whenever it requires. In the instant case, the petitioner because of his ailment was transferred and posted as General Manager, Cooperative Wholesale Bhandar, Ajmer vide 5 CWP 10150/09 order dated 25/02/2009 but it appears that the respondent No.3 was posted as General Manager on 01/07/2008, when this fact came to the notice of the competent authority, it reviewed its order but at the same time taking note of the ailment of the petitioner, shifted him from the post of General Manager, Cooperative Wholesale Bhandar, Ajmer to Executive Officer, Central Cooperative Bank, Ajmer by subsequent order dated 27/02/2009 and such an order passed by the authority was certainly in exigencies of service and in absence of any malafide being alleged against the authority who passed the order impugned or the action being in violation of any statutory rules, the impugned action of the authority is not required to be examined within the limited scope of judicial review of this Court under Article 226 of the Constitution of India. Nothing has been placed on record by which it can be inferred that the post of General Manager is to be filled only from the cadre of Deputy Registrar and can not be filled from the cadre of Assistant or Deputy Registrar as the case may be. Apart from it, once the petitioner had complied with the order impugned dated 27/02/2009 and joined in 6 CWP 10150/09 pursuance thereto as Executive Officer, Central Cooperative Bank, Ajmer on 02/03/2009, the justification, which has been offered by the petitioner, even if considered at its face value, it was expected from the petitioner to disclose in the appeal preferred or at least when the matter was taken up by the Tribunal at the time of admission and since he had failed to disclose narration of later development which took place on the date when the interim order was passed by the Tribunal, in the opinion of this Court, the learned Tribunal has not committed any error in holding that there being material concealment made by the petitioner while filing the appeal against the order impugned. As already observed (supra), by the order impugned petitioner has been shifted within Ajmer from the post of General Manager, Cooperative wholesale Bhandar, Ajmer to Executive Officer, Central Cooperative Bank, Ajmer, which does not affect either of his service condition, this Court finds no manifest error in the order impugned passed by the learned Tribunal which may call for any interference. 7 CWP 10150/09 Counsel submits that looking to the nature of ailment, the petitioner may be permitted to make representation to the authority for sympathetic consideration. The petitioner is always at liberty to make representation to the competent authority, if so advised. Consequently, this writ petition fails having no merit and it is accordingly dismissed. (Ajay Rastogi), J. Raghu/p.7/ 10150cw2009-final.doc