1 S.B.CIVIL WRIT PETITION NO.5478/2008 Sumer Singh Chouhan v. State of Rajasthan & Ors. Date of Order :: 16 th December, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. Pramendra Bohra, for the petitioner. Mr. SS Ladrecha, for the respondents. .... This petition for writ is preferred to challenge the order dated 28.7.2008 whereby the petitioner has been transferred from District Industries Centre, Jodhpur to District Industries Centre, Bharatpur. By the same order a sanction is granted to draw wages relating to the post on which the petitioner is transferred from the District Industries Centre, Chittorgarh, due to non- availability of the post of Lower Division Clerk at District Industries Centre, Bharatpur. The order impugned is passed by the Commissioner, Industries in pursuant to certain instructions received from the office of the Chief Minister on 19.7.2008. This Court on 13.8.2008, after hearing counsel for the parties, stayed operation of the order impugned dated 28.7.2008 till further orders. In pursuant to the interim order aforesaid the petitioner is continuing as Lower Division Clerk at District Industries Centre, Jodhpur. 2 Despite opportunity no reply to the writ petition is filed by the respondents so far. The contention of counsel for the petitioner while assailing validity of the order impugned is that the order is an out come of extraneous considerations and just to penalise the petitioner. The allegation of the petitioner is substantiated from the contents of the order impugned itself which refers that the wages for the petitioner may be drawn against the post of Lower Division Clerk, District Industries Centre, Chittorgarh due to non- availability of the post at District Industries Centre, Bharatpur. No explanation is given by the respondents for transferring the petitioner at District Industries Centre, Bharatpur despite non- availability of the post concerned. In view of it the order impugned is apparently not in good faith. The same, therefore, is quashed. The writ petition is allowed accordingly. ( GOVIND MATHUR ),J. kkm/ps.