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2025 DAILYLAW 16239 (RAJ)

SURESH SILPKAR SON OF SHRI BHAWANI SHANKAR SHILPKAR v. STATE OF RAJASTHAN

CW/6317/2025 · 2025-04-29

Sudesh Bansal

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:18048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6317/2025 Suresh Silpkar Son Of Shri Bhawani Shankar Shilpkar, Aged About 57 Years, R/o Sawriya Colony, Pratapgarh District Pratapgarh Establishment Officer, Office Of District Education Officer (Headquarter) Secondary Pratpagarh District Pratapgarh (Rajasthan) ----Petitioner Versus 1. State Of Rajasthan, Through Additional Chief Secretary School Education, Government Secretariat, Jaipur. 2. Director, Secondary Education, Bikaner. 3. District Education Officer (Headquarter), Secondary Education Pratapgarh ----Respondents For Petitioner(s) : Mr. Sudhir Gupta For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/04/2025 1. By means of filing instant writ petition under Article 226/ 227 of the Constitution of India, challenge has been made by the petitioner to the final order dated 09.04.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short “the Tribunal”), dismissing his Appeal No.2411/2025 and affirming his transfer order dated 30.03.2025 from the post of District Education Officer (Headquarter) Secondary, Pratapgarh to DIET, Mount Abu, Sirohi (within TSP area). 2. Having heard counsel for petitioner and from perusal of record, this Court finds that the Tribunal has considered the case [2025:RJ-JP:18048] (2 of 2) [CW-6317/2025] of petitioner on merits and while dealing with the challenge made by the petitioner to his transfer order that he has been transferred from TSP to Non TSP area, the Tribunal has clearly observed that petitioner has been transferred within TSP area. In respect of another ground of petitioner, regarding his illness as also of his mother, the Tribunal has clearly observed that transfer order has not been passed in violation to the transfer policy of State Government and same does not suffer from any malafide or illegality. 3. In case of Union of India Vs. Deepak Niranjan Nath Pandit [(2020) 3 SCC 404], the Apex Court 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. 4. In such view of the matter, this Court finds that there is no good reason to interfere with the transfer order on grounds challenged and impugned order does not warrant any interference by this Court in exercise of powers under Article 226/ 227 of the Constitution of India. 5. As a result, the instant writ petition, being devoid of merits, is hereby dismissed. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/14