1 S.B. Civil Writ Petition No.5250/2009 Dr. Kundan Mal Porwal vs State of Rajasthan & Ors. Date of Order: 7.4.2010 HON'BLE MR. PRAKASH TATIA,J. Mr.Sanjay Mathur, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner is aggrieved against the order dated 15.4.2009 passed by the Rajasthan Civil Services Appellate Tribunal. The contention of learned counsel for the petitioner is that respondent no.4 was transferred vide order dated 13.10.2008 (Annex.1), in pursuance of which, he gave his joining report on 15.10.2008. The Chief Medical & Health Officer vide communication dated 16.10.2008 informed the Secretary, Medical & Health Department that though the respondent has joined on the transferred post, but there is no vacant post lying there, therefore, his transfer may be cancelled. Instead of cancelling the transfer of respondent no.4, the department issued order dated 13.1.2009 directing to give the charge of Chief Medical & Health Officer to the respondent no.4. Aggrieved against the said action, the petitioner preferred an appeal before the appellate authority, which was dismissed. Learned counsel for the petitioner submitted that in order dated 13.3.2009 (Annex.6) all allegations have been levelled against the petitioner with reference to giving false information to the court by the petitioner. Learned counsel for the petitioner submitted that in fact, there was no post lying vacant and, therefore, he acted bonafidely. 2 It appears that respondent no.4 was transferred vide Annex.1 dated 13.10.2008 and reported for duties on 15.10.2008 and petitioner who was holding the post of Chief Medical & Health Officer was of the view that there was no vacant post then the order was passed by the competent authority declaring the respondent no.4 as Chief Medical & Health Officer vide order dated 13.1.2009. In substance in order dated 13.3.2009 (Annex.6) also it has been conveyed that who can be the Head of the Department can be decided only by the Government and not by the petitioner or anybody and therefore, it appears that the respondent no.4 was given the charge of Chief Medical & Health Officer. It may be true that there may be heart burning of the petitioner of some observations against him, but that is not relevant for the purpose of affecting the transfer order of the respondent no.4 as the transfer of respondent no.4 has not been affected because of any fact, which has connection with the subsequent event, which took place. In view of the above, there is no merit in this writ petition and the same is hereby dismissed. [PRAKASH TATIA], J. cpgoyal/-