1 S.B. CIVIL WRIT PETITION NO.10866/2009 Dhanpat Singh Rathore. vs. State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO.10866/2009 Dhanpat Singh Rathore. vs. State of Rajasthan and others. DATE OF ORDER: 21.11.2009 HON'BLE MR. PRAKASH TATIA, J. Mr.Manoj Bhandari, for the petitioner. ------ Heard learned counsel for the petitioner. The petitioner's contention is that he has been transferred only because of political reasons which is apparent from Annex.3, complaint lodged by Mahamantri of a political party of Sirohi, copy of which, the petitioner could get under the Right to Information Act. It is submitted that the complaint was lodged against the petitioner with clear allegation that he is helping other political party and, therefore, he be transferred from Sirohi. On this complaint, enquiry was ordered by the District Election Officer on 3.11.2009 and on 5.11.2009, the Returning Officer informed the District Election Officer that the petitioner has already been transferred. 2 S.B. CIVIL WRIT PETITION NO.10866/2009 Dhanpat Singh Rathore. vs. State of Rajasthan & Ors. According to learned counsel for the petitioner, it is clear from the complaint itself that the petitioner has been transferred because of political reason and that too without holding any enquiry. I considered the submissions of learned counsel for the petitioner and perused the documents placed on record as well as the reasons given by the Rajasthan Civil Services Appellate Tribunal in its order dated 5.11.2009. It appears that the said ground was not raised before the appellate tribunal as such. The ground raised before the appellate tribunal particularly in the memo of appeal is that the petitioner has been transferred malafidely with political reasons and in support of that contention, it was stated that copy of transfer order has been supplied to the private secretary to the Hon'ble Minister who had no authority in the eye of law to direct Head of the Department to make transfer of Government employees. It appears that subsequently, the petitioner could lay hand upon the document Annex.3 and according to learned counsel for the 3 S.B. CIVIL WRIT PETITION NO.10866/2009 Dhanpat Singh Rathore. vs. State of Rajasthan & Ors. petitioner, by this letter, the petitioner's apprehension came true but that appears to be not correct factually. The complaint was lodged on 15.10.2009 and transfer order was issued on 16.10.2009. This transfer order contains the names of 36 persons and it cannot be presumed that in such a short time of a day and to punish the petitioner, the exercise has been taken by the respondents so as to transfer 36 persons. It may be incident and co-incident that a complaint was lodged against the petitioner at Sirohi on 15.10.2009 and the process for transferring the employees was going on. In view of the above reasons, I do not find any merit in this writ petition. Consequently, this writ petition is hereby dismissed. (PRAKASH TATIA), J. S.Phophaliya/-