HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1554/2023 Dipesh Bhagora S/o Shri Mohan Lal Bhagora, Aged About 32 Years, Lambabhatada, Chundawara With Chak, District Dungarpur (Raj.).
----Petitioner Versus
1. State Of Rajasthan, Through The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.
3. The Chief Executive Officer, Zila Parishad Dungarpur, Rajasthan.
4. The Development Officer, Panchayat Samiti Bichhiwara, District Dungarpur.
----Respondents For Petitioner(s) : Mr. Pawan Singh Rathore JUSTICE DINESH MEHTA Order 25/01/2023
1. By way of the order dated 14.01.2023, the petitioner has been transferred from one Panchayat Samiti to another Panchayat Samiti.
2. It is asserted by learned counsel for the petitioner that consent of Pradhan of both the Panchayat Samities has not been obtained, prior to effecting transfer of the petitioner.
3. Learned counsel for the petitioner argues that above transfer order is contrary to Rule 289 of the Rajasthan Panchayati Raj Rules, 1996 and also illegal as while transferring the (Downloaded on 25/01/2023 at 11:17:37 PM) (2 of 2) [CW-1554/2023] petitioner, the place of posting has not been assigned and only Panchayat Samiti Chikhli has been described.
4. Learned counsel argues that such position is contrary to judgment of this Court rendered in the case of Chandra Kanta Vs. State of Rajasthan & Ors in S.B. Civil Writ Petition No. 14638/2019.
5. Matter requires consideration.
6. Issue notice. Issue notice of the stay application also, returnable within six weeks.
7. Meanwhile, effect and operation of order dated 14.01.2023 (Annex-4) passed by Chief Executive Officer, Zila Parishad Dungarpur and relieving order dated 17.01.2023 (Annex-
5) shall remain stayed.
(DINESH MEHTA),J 382-Mak/-
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