CW 15913/09 {1} In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15913/2009 DR. PL Gupta Versus State & Ors Date of Order : 18/12/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Prahlad Singh, for petitioner Instant petition has been filed by petitioner who after having served as Jr. Sepcialist (Med.) from June 2002 to January, 2007 in Jaipur district at Kotputli came on transfer on his own request to Jaipur City in January, 2007. It also appears from order dt. 28/06/08 (Ann.4) that petitioner while working in Jaipur City was transferred to Phulera (Jaipur district) but the same was got cancelled and was allowed to continue in HKB Hospital, Jaipur. However, vide order dt.22/10/09 (Ann.1) petitioner was transferred from Jaipur to Barmer and respondent-4 (Dr. Dinesh Kr. Sharma) was adjusted against post of Junior Specialist (Med.). Petitioner being aggrieved by order of his transfer dt.22/10/09 (Ann.1), preferred appeal No.1500/09 which was rejected vide order dt.04/12/09 (Ann.5). Counsel submits that order impugned has been passed only to accommodate respondent-4 and it is apparent from order CW 15913/09 {2} dt.28/06/08 (Ann.4) that he was already working in the same hospital and was adjusted against Jr. Specialist (Med.) which was held by petitioner; and such action of respondents is neither in the interest of administration nor in exigency of service. In support, Counsel placed reliance upon decision of this Court in Dr. Ajay Kr. Sharma Vs. State (2003 (1) WLC (Raj.) p.438) and submits that action of the authority is malafide in passing order impugned and deserves to be set aside. The learned Tribunal has taken note of previous postings of petitioners and after appreciation of submissions made, did not find any justification to interfere therein and rejected his appeal vide order dt.04/12/2009 (Ann.5). Submission made by Counsel is also of no substance for the reason apart from what has been observed by learned Tribunal that merely because other incumbent has been posted, which is alleged to be accommodation cannot be said to be malafide act of the authority while passing the order of transfer impugned; since whenever there is any order of transfer of one officer/doctor who is posted vice him can be construed to be accommodation. But is always for the administration to CW 15913/09 {3} examine with regard to transfer and posting of officer/doctor in the interest of administration wherever his services are required. Even in instant case, it has also been taken note of by learned Tribunal that from June 2002 to January 2007, petitioner, himself, remained posted in district Jaipur at Kotputli and came on his own request to Jaipur City in January, 2007 and while he was transferred under order impugned, he rendered almost seven years' services in Jaipur district. Taking note whereof, if the authority has taken the decision to transfer the petitioner under order impugned, it cannot be said to be malafide or arbitrary act which may call for for interference. Moreso, when petitioner is holding a transferable post, he cannot claim a lien to continue even within district or at one station, as the case may be, for all times to come. The transfer being an incidence of service, it does not adversely affect either of service conditions of employee and in absence of malafide alleged against the authority, which has passed the order impugned, or violation of statutory rules, this Court is not prone to interfere in limited scope of judicial review in the CW 15913/09 {4} decision having been taken in exercise of R.20 of RSR. In the judgment on which Counsel has placed reliance, on application of facts of the case in hand, this Court considered the act to be malafide; but in the instant case, after examining material on record and taking note whereof, this Court does not find that action of the authority prima facie was malafide in law which requires to be interfered with. In these circumstances, judgment (supra) is of no assistance. Consequently, writ petition being devoid of merit is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p4/ 15913CW09Dec18DsTrns.doc