Sushil Verma vs State Of Rajasthan
2021 Latest Caselaw 17116 Raj

(1 of 2) [CW-10745/2018]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 10745/2018

Sushil Verma S/o Shri Kishor Chand Verma, Aged About 36 Years, H.n. 1058, Ward No. 18, Near Shyam Sunder Ashram, District Hanumangarh.

----Petitioner Versus

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

2. The Additional Director (Admn), Medical And Health Services, Rajasthan, Jaipur.

3. The Zila Parishad, Churu Through Its Chief Executive Officer.

4. Hansraj, Pharmacists, Posted At Community Health Centre, Bhadraji Ka Kua, Churu.

----Respondents

For Petitioner(s) : Mr. J.S. Bhaleria.

Mr. M.L. Deora.

For Respondent(s) : Ms. Vandana Bhansali, Dy. G.C.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

16/11/2021

This writ petition has been filed by the petitioner aggrieved

against the order dated 16.06.2018 (Annex.-P/4), whereby the

petitioner has been transferred.

Submissions have been made that the transfer is contrary to

the provisions of Rules of Rajasthan Panchayati Raj (Transferred

Activities) Rules, 2011 ('the Rules of 2011').

Learned counsel for the petitioner submitted that the issue

raised in the present writ petition is squarely covered by judgment

(2 of 2) [CW-10745/2018]

of this Court in Kiran Kumari v. State of Raj. & Ors.: 14964/2019,

decided on 15.01.2020.

Learned counsel for the respondents is not in a position to

controvert the said submission that the issue is squarely covered

by judgment in the case of Kiran Kumari (supra).

In view of the above fact situation, the writ petition filed by

the petitioner is also allowed in light of judgment in the case of

Kiran Kumar (supra). The orders dated 16.06.2018 (Annex.P/4)

and 29.06.2018 (Annex.-P/6) qua the petitioner are quashed and

set aside. However, the respondents would be free to pass a fresh

order after complying with the requirement of the provisions of

the Rules of 2011.

(ARUN BHANSALI),J

129-PKS/-

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