CW 15777/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15777/2010 Ghanshyam Avasthi Versus RCSAT & Ors. Date of Order ::: 02/12/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Ashok Kr Bansal, for petitioner Petitioner while serving as Teacher Gr.II (Maths) was transferred vide order dt.30/09/2010, which was challenged before the Appellate Tribunal by way of Appeal-2841/2010 which has been disposed of by the Tribunal vide order dt.02/11/2010 (Ann.5) with the direction to the petitioner to make representation and for limited period, order of transfer impugned was kept in abeyance. Counsel submits that while disposing of the appeal, his limited objection that he while being presently engaged in censure work could not be disturbed from his place of posting, was taken note of by the Tribunal while granting liberty to make representation; whereas there are other grounds as well, which he wants to raise before competent authority which may have convinced that order of his transfer impugned is not legally sustainable but in the light of order of the Tribunal, other legal permissible grounds will not be taken note of, which he could otherwise raise before the competent authority. Counsel further submits that once the CW 15777/10 //2// learned Tribunal comes to the conclusion that the matter is required to be examined by State Government for re-consideration of the decision taken for transfer of the petitioner, it is always open for the petitioner to raise all objections available under the law; and the order of the Tribunal directing the petitioner to submit representation on a limited ground, certainly deprives him pf his legitmate rights under the law. This Court court prima facie finds substance in the submissions. Once permission has been granted to submit representation, it would always be in the interest of justice that petitioner may have liberty to raise all objections available under the law for redressal of his grievance in regard to the transfer and the authority is expected to consider and decide in accordance with law. Without expressing opinion on merits, this Court considers it appropriate to clarify the order of the Tribunal dt.02/11/2010 that petitioner will be at liberty to raise all objections available under the law and if such a representation is made, the authority is always expected to independently examine the same and pass an order in accordance with law. With the modification/observations, (supra) writ petition stands disposed of. A copy of this order be sent to the Tribunal for compliance. (Ajay Rastogi), J. K.Khatri/p2/ 15777CW2010Dec2TrnsDs.doc