CW 7546/07 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.7546/2007 Mohan Chandra Sharma Versus State & Anr. Date of Order ::: 29/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. KN Sharma, for petitioner Mr. Hemant Mathur, Addl. Govt. Counsel for respondent State Matter has come up on application seeking vacation of interim stay order dt. 03/10/07 passed by this Court. However looking to nature of controversy raised herein, matter has been finally heard at admission stage. Petitioner while working as Lecturer (Sanskrit) at Govt. Shastri Sanskrit College, Cheethwadi (Jaipur) since 22/01/02, was transferred to Chechat, Kota on administrative reasons vide order dt.27/07/07 (Ann.7). Counsel for petitioner submits that petitioner is a handicapped person and looking to the nature of deformity from which he is suffering, it would not be in the interest of administration to transfer him. Alongwith reply, respondents have appended order dt.18/09/07 (Ann.R.1) passed on the complaint of petitioner before Commissioner, Disabled persons, Rajasthan Jaipur and so also report of inquiry made by Senior Officer of the Department of Sanskrit, to show that because of complaints received from CW 7546/07 //2// Sasrpanch, Gram Panchayat, Cheethwari, an independent inquiry was conducted as well from which it transpires that petitioner hardly used to come to the school and there were complaints against him; and what was complaint by Sarpanch was also found to be correct. On a specific question put to Counsel for petitioner as to how for long petitioner remained at Jaipur, it was informed that he remained posted at Cheethwadi since 22/01/02 from where he has been transferred vide order impugned to Chechat (Kota). Once petitioner remained posted at one place for last more than 5-6 years, certainly in administrative exigency, he can always be transferred particularly while holding transferable post. When complaints were being received against the employee, certainly administrative authority can resort to recourse transferring the employee in the administrative interest and so also in exigency of the service. Order of transfer impugned does not affect service conditions of petitioner and no malice has been imputed by him against the authority which passed the order impugned. In the facts placed on record, this Court is of the considered opinion that order of transfer impugned has certainly been passed in administrative interest and does not call for CW 7546/07 //3// interference therein. Consequently, writ petition fails and is hereby dismissed; and accordingly, application dt.06/01/09 stands disposed of & ad-interim stay order dt.03/10/07 stands vacated. No order as to costs. (Ajay Rastogi), J. K.Khatri/p.3/7546CW07-29Jn-Trns.doc