SBCWP NO.1588/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.1588/2009. Jawahar Singh Chahar Versus Raj.Civil Services Appellate Tribunal & Ors. Date of order:- July 07, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Sanjeev Prakash Sharma for the petitioner. Shri Saurabh Purohit for respondent No.4. Shri S.D. Khaspuria, Deputy Government Counsel for Shri L.N. Boss, Additional Government Counsel. ***** BY THE COURT:- This writ petition has been filed assailing the judgment of the Raj.Civil Services Appellate Tribunal whereby the Tribunal vide order dated 1/9/2008 rejected the appeal of the petitioner. In the appeal, petitioner had challenged the order dated 28/6/2008 by which transfer of respondent No.4 Madan Mohan Sharma from Panchayat Samiti, Chandel Kala to Babu Gaon PS Chaksu was cancelled and his posting was restored to Panchayat Samiti, Chandel Kala. 2) Contention of Shri Sanjeev Prakash Sharma, learned counsel for petitioner is that this order No.1793 dated 28/6/2008 was in fact issued on a SBCWP NO.1588/09. 2 later date but was ante-dated and shown to have been issued on 28/6/2003 whereas on 28/6/2003 itself, the posting of respondent No.4 at Babu Gaon was cancelled vide order No.1766. While the order No.1793 has been signed by Chief Executive Officer on 28/6/2008, Order No.1866 has been signed by the Additional Chief Executive Officer. His assertion is that this manipulation was done at the instance of respondent No.4 because the Chief Executive Officer was not available in the office. Learned counsel submitted that the Tribunal has erred in law in rejecting the appeal. Transfer order was made with a view to accommodating respondent No.4 and that the Chief Executive Officer in fact had no authority to make the transfer from one place to another within the Panchayat Samiti. He has placed reliance on Rule 233 of the Rajasthan Panchayat Raj Rules, 1996 and the judgment of this Court in Ram Singh and ors. Vs. State of Rajasthan and ors. (SBCWP No.6108/07) decided on 18/2/2008. 3) Shri Saurabh Purohit, learned counsel for respondent No.4 has opposed the writ petition and argued that according to Rule 336, the Chief Executive Officer has power to make the orders. Initial posting of respondent No.4 was made at Gram Panchayat Babu Gaon and such posting was made on 27/6/2008 on the own request of the petitioner. It was argued that petitioner was relieved from Panchayat Samiti Kotputli for joining at Panchayat SBCWP NO.1588/09. 3 Samiti Chaksu vise Anoop Chand Bhargava and submitted that this was on his own request of the petitioner which is evident from the order dated 27/6/2008. Learned counsel submitted that when the transfer of respondent No.4 was cancelled vide order dated 28/6/2008 and the same was accepted by the Chief Executive Officer who passed another order on that day. 4) Tribunal has dismissed the appeal on the premise that no government servant has right to insist for his posting at a particular place and that mere posting of the petitioner to another place cannot be said to be arbitrary on the part of the respondents. Tribunal referred to settled proposition of law following two judgments of Supreme Court and this Court wherein, it has been held that transfer policies are only directory and not mandatory and order of transfer is open to challenge only if there is any violation of the rules or transfer order is actuated by reasons of malafide. Learned counsel for petitioner relied on the judgment of this Court in Ram Singh supra and argued that order of the Chief Executive Officer was ante-dated therefore, record of the respondents was called for but I find that apparently the petitioner cannot insist for his continuation and posting at Gram Panchayat Babu Gaon where respondent No.4 was in the first place posted vide order of the Zila Parishad dated 27/6/2008 on his own request. The SBCWP NO.1588/09. 4 subsequent order by which the posting of respondent No.4 at village Babu Gaon was cancelled was also issued by the Additional Chief Executive Officer of the Zila Parishad. Petitioner is relying on the order dated 30/6/2008 which bears the original date, photocopy of which is on record, posting him at Babu Gaon whereas Zila Parishad had already passed an order on 27/6/2008 posting respondent No.4 at Village Babu Gaon. To take care of that situation, it appears that Pradhan of Panchayat Samiti Chaksu wrote a letter to the Zila Parishad Jaipur on 30/6/2008 that petitioner should be retained at Gram Panchayat Babu Gaon and no other posting should be made at Gram Panchayat Babu Gaon. Curiously enough, transfer order of respondent No.4 before it was originally made to Gram Panchayat Babu Gaon was cancelled vide order dated 28/6/2008 and by order of the same date, such order was cancelled. While former order was passed under the signature of Additional Chief Executive Officer, subsequent one was issued under the signature of Chief Executive Officer itself. Although, learned counsel for parties have pressed the question of competence of the Panchayat Samiti and/or Zila Parishad and for that matter, of the Block Development Officer and Chief Executive Officer but in my considered view, that may not be necessary given the kind of controversy because no government servant can insist on his posting at a particular place. It cannot be SBCWP NO.1588/09. 5 appreciated that when original order of posting of respondent No.4 at Gram Panchayat Babu Gaon on his own request was passed on 27/8/2008, how petitioner could be posted at that very place by the Block Development Officer at the instance of the Pradhan on 30/6/2008. But at the sametime, posting of respodnent No.4 at the same place by Chief Executive Officer also appear to have been passed to frustrate the earlier order issued by the Additinoal Chief Executive Officer. 5) Having regard to the facts of the case, while no interference is made with the order of the Tribunal, writ petition is disposed of with direction to the respondents to make fresh posting of both the petitioner as well as respondent No.4 at any place other than Gram Panchayat Babu Gaon. Respondents are directed to pass a fresh posting order within a period of two months from the date copy of this order is received by them. Interim order as passed earlier on 13/2/2009 would remain operative only for this period of two months and thereafter it would lapse. Writ petition is disposed of accordingly. (MOHAMMAD RAFIQ), J. anil