Kuldeep Kaur vs State of Raj. and Others

Govind Mathur, J.—By an order dated 21.05.2008, the petitioner, a Supervisor in Child Development Project was transferred from Sector Headquarter Dhanoor to Kesarisinghpur vice the respondent No. 4 Smt. Jagdish Kaur. The Deputy Director (Child Development) Integrated Children Development Services, Sri Ganganagar by an order dated 27.05.2008 cancelled the order dated 19.05.2008 in pursuant to some telephonic instructions given by Sh. O.P. Mahendra, Whip, Rajasthan Legislative Assembly. A consequential order then was issued on 28.05.2008 by Children Development Project Officer, Srikaranpur. Being aggrieved by the orders dated 27.05.2008 and 28.05.2008 this petition for writ is preferred. The contention of learned Counsel for the petitioner is that the Whip, Rajasthan Legislative Assembly was having no authority or concern to interfere with the orders relating to transfer of the petitioner as well as of the respondent No. 4 and the cancellation of the earlier transfer is bad being absolutely passed on the directions given by a Stranger. By the order dated 01.07.2008 while issuing notice to show cause to the respondents this Court stayed operation and effect of the order dated 27.05.2008 and also made an order to implead Sh. O.P. Mahendra, Whip, Rajasthan Legislative Assembly, Jaipur as a party-respondent, accordingly a notice then was issued to him. The notice so issued has already been served but no reply on his behalf has been filed.

The orders impugned clearly show that those are passed on the instructions given by Whip, Rajasthan Legislative Assembly, who is having no concern with the issue of transfer of Supervisors working in Child Development Department. Being a public representative he would have conveyed if any wrong was done by the officer or an employee but no instructions by him in any case could have been given for cancelling the transfers.

In view of the fact that the cancellation of transfer was made in pursuant to the instructions given by a Stranger the same is not at all sustainable, and therefore, the order dated 27.05.2008 as well as its consequential order dated 28.05.2008 deserve to be quashed.

Accordingly, the writ petition is allowed. The orders impugned dated 27.05.2008 and 28.05.2008 are hereby quashed and set aside. It is open for the respondents to transfer the petitioner as well as the respondent No. 4 as per law, if administrative exigency so warrants.