S.B. CIVIL WRIT PETITION NO.6686/2010 Hans Raj Kumawat v. State of Rajasthan & others Date of Order: 23rd July 2010 HON'BLE DR. JUSTICE VINEET KOTHARI Mr Mahaveer Bishnoi, for the petitioner 1. Heard learned counsel for the petitioner. 2. The petitioner was transferred vide Annx.4 dated 09.7.2010 from Khinvsar to Kuchaman, at his own request and he was relieved on 09.7.2010. He joined at Kuchaman. However, within a week thereof, the impugned order Annx.5 was passed on 15.7.2010, again transferring the petitioner back from Kuchaman to Khinvsar, purportedly on his own request. Immediately, on the next day 16.7.2010, the Secretary, JVNL issued a corrigendum that said transfer from Khinvsar to Kuchaman shall be treated in the interest of Nigam; meaning thereby, not on his own request. This, prima facie, shows mala fide exercise of powers by the respondent-authority. 3. In the facts and circumstances, it is directed that the petitioner will make a representation to the respondent- authority, narrating all the facts & circumstances and said authority is expected to pass a speaking order, giving reason as to why it became necessary to transfer back the petitioner within a week from Kuchaman to Khinvsar, where he was transferred at his own request and joined. 4. A transfer within such a short period again, first shown to be at own request then directed to be in the interest of respondent-Corporation, prima facie, appears to be made merely to undo the previous transfer made at his own request. It is only after such speaking order passed by the respondent-authority that the petitioner will be free to avail further remedy in accordance with law. The respondent-authority shall decide representation within a period of two weeks from filing of the same along with a certified copy of this order by the petitioner. For the period of three weeks from today, the status quo with regard to transfer of the petitioner shall be maintained and the petitioner will be allowed to continue at Kuchaman, if not already relieved. The writ petition is disposed of accordingly. Copy be sent to the respondents forthwith. [DR. VINEET KOTHARI],J. Item No.13 mma