1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Special Appeal (Writ) No.524/2010 In S.B. Civil Writ Petition No.12114/2010 Shakti Singh vs. The Divisional Commissioner & Ors. Date of order :: 20.10.2010. HON'BLE MR. JUSTICE ARUN MISHRA HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Shri P.V. Calla for appellant. *** Heard on question of admission. The writ-appeal has been filed against the order passed by Single Bench dismissing the writ application. Petitioner has been transferred within the district by the order of the Collector to a place approximately 40 kms. away. Petitioner has completed five years at the place from where he has been transferred. The plea was taken with respect to husband and wife being posted at the same place. The Single Bench has observed that transfer is an incidence of service and no case for interference is made out. The writ application has been dismissed. The allegation was also made of political intervention by local M.L.A. to accommodate respondent no.5. Shri P.V. Calla, learned counsel appearing for the appellant has relied upon Rule 37(v) of the Rajasthan Subordinate Offices Ministerial Service 2 Rules, 1999 which provides that Chairman, Board of Revenue is competent to order for inter district transfers and in special circumstances, Divisional Commissioner is also competent to order for inter district transfers. However, the rule is silent with respect to the transfer within the district. It does not anywhere restrict the power of the Collector to transfer. It confers a power upon the Board of Revenue or the Divisional Commissioner to order for transfer out of the district. The petitioner has approached the Rajasthan Civil Services Appellate Tribunal. The Tribunal has dismissed the appeal opining that the Collector is competent to order for transfer within the district, therefore, interference has not been made by the Tribunal. The Tribunal also found that order cannot be said to be suffering from malice. Reliance was placed on the decision of this Court in Bhagwan Das Mittal vs. State of Rajasthan-2007 (2) RLR 502. The order of the Tribunal has not been interfered by the Single Bench. After hearing learned counsel appearing on behalf of appellant, we find no merit in this intra court appeal. The rule which has been relied upon by the learned counsel appearing on behalf of the appellant does not restrict the power of Collector. Collector has been found to be competent to order for transfers within the district. The Rule which has been relied upon 3 deals with the power of the Chairman, Board of Revenue and Divisional Commissioner with respect to transfers outside district. The petitioner came to present district under order of Commissioner and was posted within district by the order of Collector, which shows that Collector has power to transfer within district. No order has been pointed out that any other authority is competent to transfer within district. With respect to political interference, as petitioner has already completed five years service at the place from where, he has been posted within the district to a nearby place, order cannot be said to be suffering from malice. We find no reason to interfere with the order of learned Single Judge. The intra court appeal being devoid of merits is hereby dismissed. (MOHAMMAD RAFIQ), J. (ARUN MISHRA),J. RS/-