SBCWP NO.9069/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION NO.9069/2009. Chhitar Mal Saini Versus Rajasthan Civil Services Appellate Tribunal, Jaipur & Ors. Date of Order:- May 10, 2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri H.K. Saini for the petitioner. Shri M.Faisal Baig, Deputy Government Counsel. ***** BY THE COURT:- This writ petition was filed by the petitioner challenging the order of transfer order dated 28/6/2008. Contention of the learned counsel for petitioner is that he was transferred only because he demanded certain informations from the respondents under the Right to Information Act, 2005. Petitioner is a Class-IV employee and he was transferred to another district without there being any administrative exigency. Otherwise also, a Class-IV employee cannot be transferred out of district from the district where he is serving. SBCWP NO.9069/09. 2 Learned counsel for respondents has opposed the writ petition and submitted that petitioner was transferred only in the administrative exigency as the post was lying vacant at the transferred place. Having heard learned learned counsel for the parties and perused the material on record, I find that it does not transpire from the pleadings of the reply that there was any administrative exigency owing to which, petitioner, who is a Class-IV employee was required to be transferred to a place known as Buharanka Tala in District Barmer 700 kms. away in distance. If respondents wanted to shift the petitioner for reason of any administrative exigency, they at the most should have transfered him within the district itself or in any adjoining place. This is how allegation of the petitioner assumes significance that he is being transferred only because he is office bearer of employees Union and was seeking certain information under RTI Act which was not liked by the respondents. The writ petition is therefore disposed of with direction to the respondents that they shall not act upon the transfer order and shall SBCWP NO.9069/09. 3 pass a fresh order of transfer, if necessity so arises, transferring services of the petitioner at any place within the same district or any other adjoining district. Till such fresh order is passed, interim-order would operate, which would be co-terminus with the fresh order so passed. (MOHAMMAD RAFIQ), J. anil