Citation : 2021 Latest Caselaw 12562 Raj
Judgement Date : 11 August, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10367/2021
Ramdeen Meena S/o Shri Harimohan Meena, Aged About 28 Years, Village Mahal Dhankari, Post Karanpur, District Karoli, Presently Posted As Village Development Officer, Gram Panchatyat Modi Balathal, Bathedakallan, Panchayat Samiti Vallabhnagar, Udaipur.
----Petitioner Versus
1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.
2. The Director, Rural Development And Panchayati Raj Department (Panchayati Raj), Government Of Rajasthan, Jaipur, Rajasthan.
3. Chief Executive Officer, Zila Parishad Udaipur, District Udaipur, Rajasthan.
4. Development Officer, Panchayat Samiti Vallabhnagar, District Udaipur.
----Respondents
For Petitioner(s) : Mr. Sajjan Singh Rathore
For Respondent(s) :
JUSTICE DINESH MEHTA
Order
11/08/2021
1. Learned counsel for the petitioner submits that the petitioner
has been transferred outside the Assembly area and the same
cannot be said to be in administrative exigency, particularly when
the place where the petitioner is posted has not been indicated.
2. It is submitted that the impugned transfer order is contrary
to Section 89 of the Rajasthan Panchayati Raj Act, 1994 and Rule
289 of the Rajasthan Panchayati Raj Rules, 1996, so also to the
(2 of 2) [CW-10367/2021]
judgment of this Court rendered in the case of Chandra Kanta Vs.
State of Rajathan & Ors. (SBCWP No.14638/2019).
3. The matter requires consideration.
4. Issue notice. Issue notice of stay application also, returnable
within six weeks.
5. Meanwhile, effect and operation of the orders dated
19.07.2021 (Annex.1) and 20.07.2021 (Annex.2) qua the
petitioner shall remain stayed.
(DINESH MEHTA),J
61-skm/-
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