Jai Kishan Dutta vs State of Rajsthan and Others

Rajesh Balia, J.—Having heard learned Counsel for the appellant we are satisfied that no interference is called for in this appeal.

The appellant was transferred from his present place Central Jail, Jodhpur to Central Jail, Udaipur which has been challenged inter alia on the ground that the transfer was punitive in nature. In the first instance, an appeal was preferred before the Rajasthan Civil Services Appellate Tribunal which found the transfer of the appellant to be in administrative exigency and not punitive in nature. The order of the Tribunal was challenged by way of writ petition which has been dismissed by the learned Single Judge. Agreeing with the finding recorded by the Tribunal, we are of the opinion that nothing has been placed on record to suggest that the decision was punitive in any sense. Merely because before transfer the petitioner appellant was subjected to a departmental inquiry in which he was found guilty and was visited with a minor penalty, the subsequent transfer cannot be considered to be punitive or amounting to imposing second penalty.

The appeal, therefore, fails and is hereby dismissed.