Ajay Kumar vs State Of Rajasthan And Others

Dinesh Mehta, J

By way of the present writ petition, the petitioner has challenged the transfer order dated 15.09.2021 (Annexure-1).

On 27.10.2021, this Court while issuing notices, had stayed the order impugned; pursuant to the interim order the petitioner has been allowed to continue at the place where petitioner was posted prior to passing of the order under challenge.

Even if there was any valid ground to transfer the petitioner in the interest of administration, due to change in circumstances and passage of sufficiently long time, the expediency must have withered away or ceased to exist by now.

Hence, the interim order is made absolute and it is hereby ordered that impugned transfer order dated 15.09.2021 qua the petitioner will not be given effect to.

The respondent shall however be free to pass fresh order and transfer the petitioner, in accordance with law, obviously, if administrative exigency so warrants.

With these directions/observations, the writ petition as well as stay petition stand disposed of.

Needless to observe that the disposal of the present writ petition will neither affect petitioner’s right to challenge any such subsequent transfer order on the ground raised herein nor will it affect respondents’ stand that the order like the one, impugned in the present petition is not in violation of the judgment dated 15.01.2020, passed in the case of Kiran Kumari vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 14964/2019.