CW 8776/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.8776/2006 Surya Prakash Trivedi Versus State & Anr. Date of Order ::: 05/01/09 Hon'ble Mr. Justice Ajay Rastogi None, for petitioner. Dr. Mahesh C. Gupta, Addl. Govt. Counsel, for respondents Petitioner while working as Senior Veterinary Officer at Veterinary Hospital, Raipur (district-Pali), was transferred to Jhalawar, vide order dt.17/10/06 (Ann.2). In para 4 of the petition, it has been averred that he was posted on promotion as Sr. Veterinary Officer, Raipur (Pali) vide order dt. 14/06/02 and after having worked for almost four years, he was transferred from Raipur to Jhalawar vide order dt.17/10/06 (Ann.2). In the reply filed by respondents, apart from objection about availability of remedy under Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, it has been averred that after working for almost four years at one station, impugned order of his transfer was passed by the authority, against whom no malice has been imputed – in absence whereof, ordinarily transfer is not required to be interfered with by this Court under its limited CW 8776/06 //2// jurisdiction U/Art. 226 of the Constitution. Transfer is otherwise an incidence of service and does not affect either way service conditions of petitioner and once he holds transferable post and having worked for almost four years at one station, certainly respondent- authority in ordinary course is competent to transfer an employee in the interest of administration or in exigency of service. Petitioner has neither imputed any malice against authority which passed the order impugned, nor alleged violation of statutory Rules. That apart, under interim order of this Court passed on 09/11/06, he has been allowed to work at Raipur for further two years thereafter. In these circumstances, taking note of material on record, this Court does not find any manifest error committed by learned Tribunal which may call for interference in the order impugned transferring him to Jhalawar. Consequently, writ petition fails and is hereby dismissed. No costs. (Ajay Rastogi), J. K.Khatri/p.2/8776CW06Trns-5Jn.doc