AI Structured Summary
Not yet generated for this judgment
Judgment
Arun Kumar, C.J.—Learned counsel for the appellant submits that the impugned transfer order dated 12th June, 2001 was passed by the Divisional Commissioner, who has no power to pass such an order. He relies on the judgments of this Court in Smt. Bali v. State of Rajasthan and Ors. (1) decided on 23.8.01 and Satyabir Singh v. State of Rajasthan and Ors. (2), wherein it has been held that the Divisional Commissioner has no power to transfer, in such matters.
The learned Single Judge dismissed the writ petition mainly on the ground that the appellants/petitioner had an alternative remedy by way of appeal against this order of transfer. Even if that may be so, if the transfer order is passed by the authority who had no such power, we are of the view that driving the appellant/petitioner to another proceedings may not be necessary, and relief against such an order can be granted in the writ petition.
Accordingly, we quash the impugned transfer order.
The appeal is allowed with no order as to costs.
This, however, will not prevent the concerned authorities from taking appropriate action in accordance with law.