Rajasthan High Court - Jaipur
Jignesh Sharma vs R C S A T And Ors on 30 August, 2013
Author: Ajay Rastogi
Bench: Ajay Rastogi
DB Civil Special Appeal (Writ) No.838/2013 Jignesh Sharma Vs. Rajasthan Civil Services Appellate Tribunal & Others Date or order : 30.8.2013 Hon'ble Mr. Justice Ajay Rastogi Hon'ble Mr. Justice Narendra Kumar Jain-II Mr. Ashok Bansal, for appellant. Mr. HV Nandwana, for respondents.
Instant intra court appeal has been filed by the appellant against the order of the Ld. Single Judge dt.6.8.2013 dismissing his writ petition who is presently working as Deputy Conservator of Forest and indisputably remained posted in District Banswara for more than six years while being transferred to Bharatpur vide order dt.26.7.2013.
However, the appellant initially approached before the Ld. Tribunal where his appeal was dismissed against which he filed writ petition before the Ld. Single Judge and that also came to be dismissed.
It is settled principles of law that transfer is a incidence of service and no one claim as a matter of right to continue for being posted at a station particularly when the officer is a gazetted officer and holding a transferable job and as per his own saying he was transferred to his home district however, and it was not the case of the appellant that the act of the competent authority was either malafidy or because of oblique motive and we do not find any error in decision of the competent authority which would require interference particularly when the Tribunal and the Ld. Single Judge dismissed his appeal and writ petition.
Consequently, the appeal is wholly devoid of merit and accordingly dismissed.
[Narendra Kumar Jain-II),J. [Ajay Rastogi], J. dsr/-
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