1 S.B.CIVIL WRIT PETITION NO.4497/2008 Miss Poonam v. State of Rajasthan & Ors. Date of Order :: 8th December, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. B.L.Swami, for the petitioner. Mrs.R.R.Kanwar ] Mr. Mukesh Rajpurohit] for the respondents. .... By an order dated 26.6.2008 the petitioner, an Auxiliary Nurse Midwife, is transferred from Sub Health Centre, Melawas (Kharchi) to Savrod (Kharchi). While assailing validity of the order aforesaid, it is stated by counsel for the petitioner that the transfer impugned is not in administrative exigency but is an out come of malafides. The reason to allege malafides are averred in para 4 of the writ petition and those are supported by affidavits, those are placed on record as Anx.10 (collectively). In reply to the writ petition the respondents have denied all the allegations levelled against the respondent No.4 with assertion that the transfer of the petitioner was made in administrative exigency. Certain counter affidavits too are filed alongwith the reply and some of the deponents are the persons whose affidavits are also available on record in favour of the petitioner alongwith writ petition. A rejoinder to the reply has been filed by the 2 petitioner reiterating the averments contained in the writ petition and also pointing out that the affidavits filed alongwith the reply to the writ petition were obtained by adopting ill methods. A reply to the writ petition is also filed on behalf of the respondent No.4 denying the allegations of malafides. From perusal of the pleadings and the documents annexed thereto, it appears that there are number of complicated disputed questions of facts those cannot be fairly adjudicated in writ jurisdiction of this Court. The documents annexed with the writ petition also gives smoke of some dispute between the members of the Gram Panchayat. Be that as it may, looking to the complicated disputed questions of facts, I am not inclined to interfere with the matter under Article 226 of the Constitution of India. Accordingly, this petition for writ is dismissed. However, it will not be a bar for the petitioner to raise her grievances before appropriate forum. ( GOVIND MATHUR ),J. kkm/ps.