1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7528/07 Dinesh Maaru vs. Rajasthan Civil Services Appellate Tribunal & Ors. Date of order : 18/8/2008. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Vikas Jain for the petitioner. Shri Harshvardhan Nandwana, Government Counsel for the State. ****** The petitioner in the present writ petition seeks to challenge the order of transfer dated 30.8.2007 on two grounds. One of the ground is that the transfer was made in violation of Rule 289 of the Rajasthan Panchayati Raj Rules, 1996 and another ground is that the petitioner was transferred four times within a short period of 18 months. Upon hearing the learned counsel for the parties and scrutiny of the record, it is found that the petitioner was transferred from Sri Ganganagar to Panchayat Samiti Sarada pursuant to the order of the Government 1.2.2006 and thereafter within that Panchayat Samiti, he was given posting at Gram Panchayat Amarpura. This can be therefore treated as one transfer order and 2 not two. From Gram Panchayat Amarpura, he was posted to Gram Panchayat Jhadol, Panchayat Samiti Sarada by order dated 9.11.2006. He felt aggrieved by the order dated 30.6.07 by which he was transferred from Panchayat Samiti Sarada to Gram Panchayat Bhindar. Shri Vikas Jain, learned counsel for the petitioner has argued that the transfer of the petitioner has not been made under the approval of the District Establishment Committee, Zila Parishad but that claim is contested by the learned Government Counsel Shri Harshvardhan Nandwana, on the premise that the order of transfer itself states that all these transfers are being made pursuant to the decision taken by the District Establishment Committee, Zila Parishad, Dholpur in its meeting which was held on 27.6.2007. It was argued that this argument was even not raised before the Rajasthan Civil Services Appellate Tribunal where challenge was originally made to the transfer order. In any case now it is seen from the transfer order dated 27.6.2007 that the order was issued pursuant to decision by 3 the District Establishment Committee. Posting of the petitioner in Panchayat Samiti Sarada was made by order dated 1.2.2006 and already more than two years and six months have gone by since then. When the petitioner holds a transferable appointment, he cannot resist his transfer, which is made pursuant to the decision of the District Establishment Committee. The order of transfer can be interefered with by this Court only when it is shown to have been made in violation of statutory rules or on proven mala fides. No case for interference is made out on either of the counts. The writ petition is dismissed. (MOHAMMAD RAFIQ), J. RS/