[2025:RJ-JP:16369] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5523/2025 Govind Prasad Garg S/o Shri Dinesh Chandra Garg, Aged About 38 Years, R/o Purani Ajaj Mandi, Near Adarsh Vidya Mandir, Weir District - Bharatpur Rajasthan Presently Posted As Assistant Engineer, Panchayat Samiti, Weir District Bharaputr. ----Petitioner Versus 1. The State Of Rajasthan, Through The Principal Secretary Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur 2. Deputy Commissioner And Joint Secretary (Second), Department Of Rural Development And Panchayati Raj, Secretariat, Jaipur. 3. Lokesh Agarwal (Banda), President Bjp Sahar Mandal Weir, District Bharatpur. ----Respondents For Petitioner(s) : Mr. Sumer Chand Sharma For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 17/04/2025 1. Petitioner has invoked writ jurisdiction of the High Court challenging the order dated 28.02.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur in Appeal No. 1735/2025 wherein his appeal against the transfer order dated 15.01.2025 as Assistant Engineer from Panchayat Samiti Weir, Bharatpur to Panchayat Samiti Basedi, Dholpur, on the vacant post, was dismissed. 2. After having heard counsel for the petitioner and on perusal of the order impugned, it has transpired as an undisputed fact [2025:RJ-JP:16369] (2 of 3) [CW-5523/2025] that the petitioner was posted as Junior Engineer at Panchayat Samiti Weir, Bharatpur in the year 2010 and he was promoted to Assistant Engineer in the year 2016 and his services were continued in the same Panchayat Samiti for a period i.e. from 2016 to 2020. 3. Petitioner assailed his transfer order dated 15.01.2025 before the Appellate Tribunal, raising an issue that same was passed on the basis of complaint made to the concerned Minister vide letter dated 25.12.2024 which tantamounts to political interference but such issue was turned down by the Tribunal, while dismissing the appeal filed by the petitioner on merits. 4. Petitioner, before this Court, has raised certain additional grounds in respect of ailment of himself, his wife and his father but admittedly no such grounds were raised by the petitioner in his appeal before the Tribunal while assailing the transfer order. Such additional grounds, cannot be entertained for consideration on merits at the first time by the writ Court. 5. In the opinion of this Court, the transfer order of petitioner has not been found to be tainted with malafides in any manner nor is against the transfer policy or in flagrant violation of any statutory rule or judicial precedent. However, instead of complying with the transfer order dated 15.01.2025, petitioner for one or another reason, is challenging the transfer order and after dismissal of his appeal before Tribunal on merits, unwarrantedly filed this petition raising new grounds. Such practice of a government employee is unacceptable and highly deprecated. The petitioner cannot be allowed to misuse the jurisdiction of High Court in an arbitrary and whimsical manner. [2025:RJ-JP:16369] (3 of 3) [CW-5523/2025] 7. Legal position is well settled that transfer of a Government employee is an intrinsic part of service and petitioner cannot claim to be continuously posted at one place of his choice only. The Hon'ble Supreme Court in case of Union of India Vs Deepak Niranjan Nath Pandit [(2020) 3 SCC 404], has held that interference with transfer order is in excess of jurisdiction and improper exercise of judicial power, when there is no mala fide nor any breach of law in passing the transfer order. 8. Thus, as a final result, writ petition is devoid of any substance and further petitioner is held guilty for misusing the process of law by invoking the writ jurisdiction of High Court in an arbitrary manner. 9. The respondents are at liberty to take appropriate action against the petitioner for not joining at the transferred place of posting, if he does not join his duty within a period of seven days. 10. With aforesaid observations, the instant writ petition is hereby dismissed. 11. Stay application(s) or pending application(s), if any, also stand disposed of. 12. A copy of this order be sent to the Department for necessary action. (SUDESH BANSAL),J ashu /13