1 S.B.CIVIL WRIT PETITION NO.5769/2008 Dr.Jogdand Ashok Laxman Rao v. State of Rajasthan & Anr. Date of Order :: 14 th November, 2008 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. S.P.Sharma, for the petitioner. Mr. Deepak Choudhary, for the respondents. .... The petitioner, an Assistant Surgeon (Veterinary), was transferred from Veterinary Hospital, Paldi (Nagaur) to Veterinary Hospital, Chhoti Khatu. The transfer aforesaid was said to be made at the request of the petitioner himself. However, the petitioner denied that and claimed for travelling allowance and joining time as a consequent to his transfer under the order dated 31.7.2007. By an another order dated 28.6.2008 the petitioner is again subjected to transfer from Chhoti Khatu to Veterinary Hospital, Karnu in District Nagaur and again he is said to be transferred at his own request. While challenging the order of transfer dated 28.6.2008, the contention of counsel for the petitioner is that the petitioner has been transferred under the orders dated 31.7.2007 and 28.6.2008 by 2 showing the same made under his own request though no such request was ever made. This court on 14.8.2008 issued notice to show cause to the respondents and after service of the same matter was listed before the Court on 23.10.2008. On 23.10.2008 counsel for the respondents sought time to file reply to the writ petition and the matter was adjourned for 3.11.2008. After getting the matter adjourned, the Director, Animal Husbandry, passed an order dated 3.11.2008 making a correction in the order dated 28.6.2008 to treat transfer of the petitioner in administrative exigency instead of at his own request. Nothing is said in reply to the writ petition relating to the order dated 31.7.2007. No reason is given by the respondents as to why the petitioner was shown to be transferred at his own request under the order dated 31.7.2007 as well as in the order dated 28.6.2008. In very casual manner it is stated that the transfer of the petitioner was actually made in administrative exigency but by mistake it was shown as effected at his own request. On asking, counsel for the respondents utterly failed to satisfy how the error occurred relating to the petitioner twice and why no joining time and travelling allowance is yet allowed to the petitioner for the transfer made under order dated 31.7.2007. 3 Though in normal course the Court is not required to ask for the administrative exigency warranting transfer of the petitioner, however, in the instant matter, looking to the dubious circumstances, the Court asked counsel for the respondents to give reason or to satisfy the administrative exigency for effecting transfer of the petitioner within a period of 11 months and that too by showing his transfer at his own request. The respondents patently failed to satisfy court's query. The respondents also failed to satisfy as to how the error relating to the petitioner occurred twice and why no joining time and travelling allowance is yet given to him as a consequent to the order of transfer dated 31.7.2007. It is also pertinent to note that corrigendum to the order dated 28.6.2008 was not issued by the respondents immediately after receiving notices of the writ petition but was made after seeking time to file reply to the writ petition i.e. on 3.11.2008. The circumstances of the case left me with no option but to infer that the transfer of the petitioner was not in administrative exigency but was for extraneous consideration. For the reasons whatever stated above, this petition for writ deserves acceptance and, therefore, the same is allowed. The order dated 28.6.2008 transferring the petitioner from Veterinary Hospital, 4 Chhoti Khatu to Veterinary Hospital, Karnu, stands quashed. No order to costs. ( GOVIND MATHUR ),J. kkm/ps.