IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.1985/10 Shanti Lal Khatik Versus Rajasthan Civil Services Appellate Tribunal & Ors. DATE OF ORDER : 24/02/2010 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. D.P. Sharma, for petitioner ***
Petitioner, who is serving as Forester after remain posted since 2005, on being transferred vide order dt.18th December, 2009 preferred appeal before Tribunal, which was rejected on 1st February, 2010.
It has been informed that place where he has been transferred is at the distance of 105 kms.
Counsel submits that Dy. Conservator of Forest is competent to transfer, but he had proceeded to transfer the petitioner under the directives issued by Chief Conservator of Forest dt.17th December, 2009. Thus, he has not applied its mind while taking decision to transfer in the interest of administration, if required.
Submission made by Counsel is of no substance for the reason that Dy. Conservator of Forest may be authority competent, but Chief Conservator of Forest being a higher authority can always consider, if required and indisputably Dy. Conservator of Forest is under his subordination and transfer does not affect condition of service of the petitioner and if authority higher has taken decision to transfer, it cannot be said to be arbitrary or vindictive action being taken against him.
The petitioner has not alleged any malice against the authority who has passed the order impugned or at whose instance order impugned has been passed or violation of statutory rules.
This court find no manifest error being committed by the learned Tribunal in passing order impugned which may call for interference.
Consequently, writ petition stands dismissed.
[AJAY RASTOGI], J.
FRBOHRA1985CW10 24-02.do