1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.7375/2007 (Nihal Singh Vs. State & Ors.) Date of order : 6.5.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. S.K. Poonia, for the petitioner. Mr. Shyam Ladrecha, Dy. Govt. Counsel. In this case, the petitioner has challenged the judgment dated 10.10.2007 passed by Rajasthan Civil Services Appellate Tribunal whereby the appeal filed by the petitioner against the impugned transfer order dated 27.8.2007 was rejected while holding that the order has been passed by the State Government within its jurisdiction under Section 289 (3) of the Rajasthan Panchayat Raj Rules, 1996. 2 Upon perusal of the order impugned, it is obvious that the petitioner was transferred within District by the State Government while exercising power under Section 289 (3) of the Rules of 1996, therefore, the learned Tribunal dismissed the appeal filed by the petitioner against the transfer order. It is submitted by learned counsel for the petitioner that during the pendency of the appeal, a stay was granted by Rajasthan Civil Services Appellate Tribunal in favour of the petitioner against the transfer order. Thereafter, in the writ petition filed by the petitioner against the rejection of his appeal, the learned Single Judge of this Court has passed an order on 6.11.2007 whereas the order for maintaining status quo was passed in relation to the posting of the petitioner. Therefore, the petitioner is still working at Govt. Upper Primary School, Lakhlan, Panchayat Samiti Rajgarh. In the judgment, reported in AIR 1993 SC 2486 and AIR 1993 SC 2444, Hon'ble Apex Court has held that in transfer matters there should not be any interference in casual manner and interference can be made by the Court only in the event of any malafide or if the transfer order is in violation of the statutory rules. Therefore, I am not inclined to interfere with the transfer order. However, the petitioner is still working at Rajgarh where he was posted prior to 3 passing of the transfer order because stay order was granted by Tribunal in appeal and further after rejection of appeal by this court. Therefore, in the interest of justice, the order of transfer qua the petitioner, which is not implemented till today is hereby quashed with the liberty to the respondents to pass fresh order if any administrative exigency arises. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun