1 S.B. CIVIL WRIT PETITION NO.582/2006 (Om Prakash Sharma Vs. State of Rajasthan & Ors.) Date of Order :: 20.05.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Bheem Kant Vyas, for the petitioner. Mr.Nitin Trivedi, for the respondent. Mr.Shyam Toshniwal on behalf of Mr.N.M. Lodha, Addl. Advocate General. By way of filing present writ petition, the petitioner is challenging the validity of transfer order dated 10th January, 2006 (Annexure-P/6) whereby petitioner was transferred from Bikaner to Jaisalmer by the respondent-department when he was working on the post of Executive Engineer. In para 3 of the writ petition, it is stated that before filing this writ petition an appeal was preferred by the petitioner against the order dated 10th January, 2001 before the Rajasthan Civil Services Appellate Tribunal, Jaipur on 16th January, 2006, but due to non citing of member of the Tribunal, appeal of the petitioner was not heard, therefore, due to urgency this writ petition was filed before this Court. In this writ petition on 06th February, 2006 effect and operation of the order dated 10th January, 2006 cancelling the transfer of the petitioner was stayed for the period of six months. Latter on an application under Article 226 of the Constitution of India was filed by the respondents for vacating 2 the stay order and a contempt petition was also filed by the petitioner and the same was listed in the Court on 07th March, 2006 along with writ petition. On that date, the contempt petition was dismissed by learned Single Judge of this Court while observing that:- “In that view of the matter, I am not inclined to initiate proceedings for contempt. It is, however, clarified that since the petitioner has already approached the Tribunal, the Tribunal will consider the request of the petitioner for interim relief dispassionately and without in any manner being obsessed by any observation made in the order dt. 6.2.2006, so also this order passed today. The contempt petition is accordingly, dismissed.” Learned counsel for the State submits that appeal filed by the petitioner before the Rajasthan Civil Services Appellate Tribunal, Jaipur was rejected vide order dated 13th April, 2007, therefore, the validity of transfer order has finally been adjudicated by the Tribunal and this writ petition has become infructuous. Learned counsel for the petitioner does not dispute this fact. In this view of the matter, no case for interference is made out. Hence, the writ petition is dismissed. (GOPAL KRISHAN VYAS),J. A.K. Chouhan/- A.K. Chouhan/-