Mohan Lal Garasiya vs State Of Rajasthan
2021 Latest Caselaw 12571 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 15017/2019

Mohan Lal Garasiya S/o Shri Fate Ram, Aged About 41 Years, R/o Loharcha, Tehsil Kotada, District Udaipur, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary, Rural Development And Panchayati Raj Department (Panchayati Raj) Government Of Rajasthan, Jaipur, Rajasthan.

2. Chief Executive Officer, Zila Parishad, Udaipur, Rajasthan.

3. Development Officer, Panchayat Samiti Kotada, District Udaipur, Rajasthan.

                                                                  ----Respondents


For Petitioner(s)         :     Mr. Pawan Singh Rathore
For Respondent(s)         :     Mr. K.K. Bissa



                     JUSTICE DINESH MEHTA

                                     Order

11/08/2021

I.A. No.1/2021

For the reasons stated, application seeking early listing is

allowed.

The matter is taken up for consideration today itself.

SBCWP No.15017/2019

1. By way of the present writ petition, the petitioner has

challenged the orders dated 26.09.2019 (Annex.4) and

27.09.2019 (Annex.5), issued by the State Government whereby

the petitioner has been transferred from Panchayat Samiti Kotada

(Udaipur) to Panchayat Samiti, Falasiya, Udaipur.

2. Learned counsel for the petitioner submits that the impugned

transfer order is contrary to provisions contained in Section

(2 of 2) [CW-15017/2019]

89(8A) of the Rajasthan Panchayati Raj Act, 1994 and adjudication

made by this Court vide its judgment dated 20.01.2020 rendered

in the case of Chandra Kanta Vs. State of Rajasthan & Ors.

(SBCWP No.14638/2019).

3. Mr. Bissa, learned counsel for the respondents, is not in a

position to dispute the aforesaid position of facts and law.

4. Upshot of above discussion is: the writ petition is allowed;

the impugned orders dated 26.09.2019 and 27.09.2019 qua the

petitioner are hereby quashed.

5. Needless to observe that quashment of the order will not

preclude the State from transferring the petitioner, in case it is felt

that administrative exigency warrants petitioner to be transferred.

State, if so desired, can pass fresh transfer orders qua the

petitioner, however, while clearly giving out place of posting;

instead of leaving the petitioner at the discretion/mercy of Chief

Executive Officer.

6. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

196-skm/-

Powered by TCPDF (www.tcpdf.org)