Anju Kalwa vs State Of Rajasthan
2022 Latest Caselaw 10995 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 12237/2022

Anju Kalwa D/o Madan Lal Kalwa W/o Dinesh Talepa, Aged About 42 Years, Village Near Bohara Park Beawar, District Ajmer.

----Petitioner Versus

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

2. The Chief Executive Officer, Zila Parisad, Pali.

3. The Block Development Officer, Panchayat Samiti, Raipur, District Pali.

4. The Block Development Officer, Panchayat Samiti, Sumerpur, District Pali.

----Respondents

For Petitioner(s) : Mr. Awar Dan Ujjwal

HON'BLE MS. JUSTICE REKHA BORANA

Order

27/08/2022

The present petition has been filed against the order dated

01.08.2022 whereby the petitioner has been transferred from

Panchayat Samiti Raipur, Pali to Panchayat Samiti Sumerpur, Pali.

Learned counsel for the petitioner submitted that the order

impugned has been passed in contravention to Section 89(8)(ii) of

the Rajasthan Panchayati Raj Act, 1994. Learned counsel

submitted that no one else has been transferred in her place. He

relied upon the judgment passed in the case of Kishan Saini Vs.

State of Rajasthan & Ors; S.B. Civil Writ Petition

No.11358/2021, in support of his submission.

(2 of 2) [CW-12237/2022]

In view of the submission made, Issue notice. Issue notice

of the stay application also and be made returnable on

29.09.2022.

Meanwhile, effect and operation of the impugned order dated

01.08.2022 (Annexure-3) shall remain stayed qua the present

petitioner.

It is made clear that if the petitioner has been relieved, he

shall be permitted to join back on his earlier place of posting.

(REKHA BORANA),J 284-AnilKC/-

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