G D HARSH Vs. RAJASTHAN STATE SEEDS CERTIFICATION AGENCY

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order dated 30. 9. 88 (Anx. 6) passed by the Director, Rajasthan State Seeds Certification Agency (Respondent No. 1) (hereinafter to be called 'the Director) cancelling his previous order dated14. 9. 88 (Anx. 3), transferring the petitioner to Jodhpur and also for quashing the order dated 20. 9. 88 (Anx. 5) by which Rs. 13. 20p spent in postage, have been deducted from his pay. The facts of the case may be summarised thus.

(2.) THE petitioner is an Assistant Seeds Certification Officer of the respondent No, 1. He was transferred from Sheoganj to Suratgarh by order dated Aug. 18, 1988 (Anx. 1 ). He submitted representation (Anx. 2) dated August 22, 1988 to the Director for his transfer to Jodhpur on the ground that his mother has recently died, his father has retired, from the Government service and is not keeping good health, he has to look after his seven younger brothers and sisters at Jodhpur, being the elder brother and Suratgarh is at a far distant place from Jodhpur. THE order (Anx. 1) was modified and the petitioner was transferred to Jodhpur in place of the respondent No. 2 and the latter was transferred to Suratgarh vide order dated 14 9. 88 (Anx 3) THE petitioner reported on duty at Jodhpur on September 17, 1988 and sent his joining report (Anx. 4) to the Director on October 3, 1988, hae received order dated 30. 9. 88 (Anx. 6) of the Director cancelling the previous order dated 14. 9 88 (Anx. 3 ). This order has been challenged on the following two grounds: - (1) THE order dated 14 9. 88 (Anx 3) stood complied with prior to the issuance of the order dated 30. 9. 88 (Anx 6) and their remained nothing for its cancellation; and (2) It is illegal, void and without jurisdiction as it was not made in any public or administrative interest or exigency, it has been made with oblique motive, in abuse and in colourable exercise of powers and malafides at the instance of Shri Madhosingh Diwan, Famine Minister, Government of Raj. (respondent No. 3), without considering the factors on which the petitioner was transferred to Jodhpur by order (Anx. 3) and to accommodate Bhanwar-lal Chaudhary at Sheoganj and P. N. Bohra (respondent No. 2) at Jodhpur.

(3.) IN his rejoinders to the replies, the petitioner admits that he submitted representation to the Agriculture Minister for his transfer to Jodhpur after the order (Anx. 1) was issued. But he has pleaded his ignorance that the order (Anx. 3) was passed at the instance of the Agriculture Minister. He has also stated that no fact has been concealed or mis-stated in the writ petition. The respondent No. 1 is a statutory body. The writ petition is perfectly maintainable against it. The respondent No. 2 is at Jodhpur for more than 4 years and the petitioner never had his posting at Jodhpur during last 11 years.