1 S.B. CIVIL WRIT PETITION NO. 4467/2008. Bhanwar Lal Vs. State of Raj. & Ors. DATE OF ORDER : 13.10.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. H.L. Kella, for the petitioner. Mr. Alkesh Aggarwal, for the respondents. **** By this petition for writ a challenge is given to the judgment dated 9.5.2008 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur rejecting the appeal preferred by the petitioner to challenge the order dated 20.3.2008 whereby he was transferred from the office of Gram Sewak, Gram Panchayat – Chinnu, Panchayat Samiti – Jaisalmer to Panchayat Samiti – Sam in the same district. The contention of learned counsel for the petitioner is that the Tribunal failed to appreciate that State Government was having no competent to transfer of Gram Sewak from one Panchayat Samiti to another Panchayat Samiti. It is also contended that the order of transfer is not in administrative exigency. I do not find any substance in the arguments advanced. The State Government by the force of the provisions of sub- section 8-A of 89 of the Rajasthan Panchayat Raj Act, 1994 is 2 having competence to transfer any member of Panchayat Raj Service from one panchayat Samiti to another panchayat samiti whether that is within the same district or outside it. In the instant matter the transfer of the petitioner is made from one panchayat Samiti to another panchayat samiti and that is as per the provisions of Section 89(8-A) of the Act of 1994. Counsel for the petitioner also failed to satisfy the Court that the order of transfer is an outcome of any malafides and extraneous considerations. In view of it, I do not find any reason to interfere with the order passed by the learned Tribunal while exercising powers under Article 226 and 227 of the Constitution of India. The writ petition is dismissed accordingly. (GOVIND MATHUR)J. Jgoyal