Rajasthan High Court Quashes Arbitrary Transfer Orders of Medical Officer

Transfer Orders Issued Without Jurisdiction Set Aside, Medical Officer to Continue at Central Jail, Bikaner

In a significant judgment, the Rajasthan High Court, presided by Justice Farjand Ali, has quashed the transfer orders issued against Kailash Sankhla, a Medical Officer serving at the Central Jail, Bikaner. The impugned orders, dated August 31, 2018, and September 4, 2018, were found to be issued without jurisdiction and in violation of procedural safeguards under the Rajasthan Civil Services Rules, 1951 and the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958.

The petitioner, Kailash Sankhla, challenged the transfer orders on grounds of arbitrariness and lack of administrative rationale. It was contended that the orders were devoid of any performance-related deficiencies and did not adhere to the principles of natural justice. The court noted that the transfer orders were issued by an authority lacking jurisdiction, and included directions to initiate disciplinary proceedings under Rule 16 of the CCA Rules, 1958, which was deemed unwarranted.

The judgment highlighted that the Superintendent of Central Jail, Bikaner, lacked the authority to initiate disciplinary proceedings against the Medical Officer, as such actions should be undertaken by the competent authority within the Medical and Health Services Department. The transfer orders were found to reflect procedural impropriety and arbitrary exercise of administrative discretion.

Justice Ali emphasized that no administrative exigency, misconduct, or deficiency in performance was demonstrated to justify the transfer. The procedural safeguards under the service rules and principles of natural justice were not observed, rendering the transfer orders arbitrary and capricious.

The court's decision allows Kailash Sankhla to continue discharging his duties at the Central Jail, Bikaner, until a lawful and procedurally valid order is passed by the competent authority. The respondents retain the liberty to initiate disciplinary proceedings, provided they are conducted in strict accordance with the service rules and by the competent disciplinary authority.

The judgment underscores the importance of adhering to jurisdictional limits and procedural safeguards in administrative actions, reinforcing the protection of service members from arbitrary decisions.

Bottom Line:

Transfer orders issued without jurisdiction and in violation of procedural safeguards under service rules are arbitrary, capricious, and liable to be quashed.

Statutory provision(s): Rajasthan Civil Services Rules, 1951, Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958, Rule 16 of the CCA Rules, 1958.

Kailash Sankhla v. State of Rajasthan, (Rajasthan) : Law Finder Doc Id # 2807788