DR. SUNIL SARAF S/O OMPRAKASH SARAF v. STATE OF RAJASTHAN
CW/7573/2025 · 2025-05-19
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19197 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19197 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:20969] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7573/2025 Dr. Sunil Saraf S/o Omprakash Saraf, Aged About 49 Years, R/o Near Rajni General Store, Sheetla Ka Bas, Sikar, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Medical And Health, Govt. Secretariat, Rajasthan, Jaipur.
2. The Joint Secretary, Medical And Health (Group-2) Department And Panchayati Raj (Medical) Department, Govt. Secretariat, Rajasthan, Jaipur.
3. The Principal Medical Officer, Govt. District Hospital, Laxmangarh, Sikar. ----Respondents For Petitioner(s) : Mr. Aamir Khan for Mr. Ram Pratap Saini For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
19/05/2025
1. By way of instant writ petition, the petitioner has challenged the order dated 22.04.2025 in appeal No.2471/2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur, dismissing his appeal on merits and affirming the transfer order dated 15.01.2025 and relieve order dated 03.04.2025 of petitioner whereby he has been transferred from District Hospital, Laxmangarh, Sikar to District Hospital, Pokran, Jaisalmer.
2. Having heard counsel for petitioner and from perusal of the record as well as fact finding recorded by the Tribunal in the order impugned, it is an undisputed and admitted fact that petitioner has been posted at District Hospital, Laxmangarh, Sikar since 2023 and vide impugned transfer order he has been transferred to District Hospital, Pokran, Jaisalmer. Learned Tribunal has
[2025:RJ-JP:20969] (2 of 2) [CW-7573/2025] considered entire facts and grounds and after finding no malafide or illegality in the impugned order, dismissed the appeal on the ground that the transfer of petitioner at District Hospital, Pokran, Jaisalmer, has been made by the Competent Authority due to administrative exigencies and in the interest of public.
3. It is a trite law that transfer order is not required to be interfered with by the Court, unless same is suffering from malafides or is in flagrant violation of transfer policy. This Court is of the opinion that the Tribunal has not committed any illegality or jurisdictional error in dismissing the appeal, and same does not warrant any interference.
4. The Apex Court in the 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 malafide nor any breach of law in passing the transfer order.
5. Therefore, this Court, while exercising its writ jurisdiction, is not inclined to interfere with the transfer order, which has been affirmed by the Tribunal on merits observing that the transfer
order has been passed in administrative exigency and does not suffer from any malafides or illegality.
6. Hence, the writ petition being devoid of any force, is hereby dismissed.
7. Stay application and other pending application(s), if any, stand(s) disposed of.
(SUDESH BANSAL),J TN/16