Rajasthan High Court - Jodhpur
Daulat Singh & Ors vs State Of Raj. & Ors on 7 December, 2011
Author: Govind Mathur
Bench: Govind Mathur
S. B. CIVIL WRIT PETITION NO.2004/2009
Daulat Singh & Ors. Vs. State of Rajasthan
DATE OF ORDER :: 07.12.2011
HON'BLE MR. JUSTICE GOVIND MATHUR
None present for the petitioner/s.
By the order impugned dated 24.2.2009, the Deputy Conservator of Forest, World Food Programme, Jaisalmer transferred the petitioners from one unit to another. The same is questioned by this petition for writ on the count that the transfer made is not in administrative exigency, but for political reasons.
As per the the petition, the Sarpanch,Gram Panchayat Panche Ka Tala vide letter Annex. P/4 made a request to the Forest Minister of the Government of Rajasthan to transfer the petitioners by alleging their participation in political activities.
This Court vide order dated 09.3.2009, admitted the petition for writ and granted an ex parte interim order staying operation and effect of the transfer qua the petitioners. In view of the interim order passed by this Court, the petitioners must be working at the place where from they were transferred.
Looking to the fact that the transfer was made in the year 2009 and the petitioners are still working at the place where they were already working, the presumption of non existence of then existing administrative exigency is quite obvious. In such, circumstances, I deem it appropriate to accept this petition for writ by quashing the order impugned dated 24.2.2009, qua the petitioners, with liberty to the respondents to pass an order afresh, if administrative exigency so warrants.
[GOVIND MATHUR], J.
ns.