1 SBCivil Writ Petition No.6828/2005 Dr.Prabha Sharma Vs. State of Rajasthan & Ors. Date of Order :: 7th August, 2006 HON'BLE MR.JUSTICE GOVIND MATHUR Mr. J.P.Joshi, for the petitioner. .... By order dated 21.10.2005, the Director, Sanskrit Education, Government of Rajasthan, Jaipur while exercising powers under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as “the Rules of 1958”) imposed a penalty of stoppage of two annual grade increments without cumulative effect upon the petitioner. The Director also passed the order dated 14.7.2005 transferring the petitioner from Government Acharya Sanskrit College, Jodhpur to Government Acharya Sanskrit College, Kota. Being aggrieved by both the orders referred above, this petition for writ is preferred by the petitioner. The order dated 21.10.2005 whereby minor penalty is imposed upon the petitioner is appealable under Rule 23 of the Rules of 1958. The petitioner without availing the remedy aforesaid has preferred this petition for writ. No reason to entertain the writ petition ignoring the alternative remedy provided 2 under Rule 23 of the Rules of 1958 is available with the petitioner. By an order dated 14.7.2005 the petitioner was transferred from Government Acharya Sanskrit College, Jodhpur to Government Acharya Sanskrit College, Kota and that was challenged by way of filing a writ petition, that came to be disposed of on 26.8.2005 directing the respondents to decide the representation submitted by the petitioner by giving reasons to transfer the petitioner. In pursuant to that the Director, Sanskrit Education, Rajasthan, passed an order dated 30.9.2005. The contention of counsel for the petitioner while giving challenge to the order dated 14.7.2005 is that from the reasons given in the order dated 30.9.2005 it reveals that the petitioner was transferred from Jodhpur to Kota as a measure of punishment and, therefore, the order of transfer is not in administrative exigency. Heard counsel for the petitioner. The Director, Sanskrit Education, Rajasthan, Jaipur by order dated 30.9.2005, while giving reasons for transferring the petitioner from Jodhpur to Kota stated in para 2 about the inquiry faced by the petitioner but that is not the only reason for 3 transferring the petitioner. It is only one aspect that was taken into consideration. It is further pertinent to note that the petitioner is at Jodhpur from last 11 years. Transfer is a normal incidence of service and validity of it can be challenged only if there is violation of a statute or if it is an out come of malice or extraneous consideration. In the instant matter no such circumstance exists, therefore, I do not find any illegality in order of transfer. The writ petition is accordingly dismissed. However, it is open for the petitioner to challenge validity of the order dated 21.10.2005 by way of filing an appeal under Rule 23 of the Rules of 1958. The appellate authority shall consider and decide the appeal on merits, expeditiously. ( GOVIND MATHUR ),J. kkm/ps.