Saroj Devpura vs State Of Rajasthan
2022 Latest Caselaw 9904 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 9704/2022

Saroj Devpura W/o Shri Anil Devpura D/o Shri Chatarlal Darak, Aged About 58 Years, Resident Of 88, Sector 14, Goverdhan Vilas, Udaipur (Rajasthan).

----Petitioner Versus

1. State Of Rajasthan, Through The Secretary To The Government, Women And Child Development Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Director, Integrated Child Development Services (I.c.d.s.), Women And Child Development Department, Rajasthan, Jaipur.

3. Deputy Director (Administration), Integrated Child Development Services (I.c.d.s.), Women And Child Development Department, Jaipur.

4. Deputy Director, Women And Child Development Department, Udaipur.

5. Juber Chishti, Child Development Project Officer, Jhadol, District Udaipur.

----Respondents

For Petitioner(s) : Mr. Mukesh Rajpurohit. For Respondent(s) : Mr. A.K. Gaur, AAG.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

27/07/2022

It is, inter alia, submitted by learned counsel for the

petitioner with reference to the provisions of Rule 8(ii) of the Rules

of 2011 and judgment of this Court in State of Raj. & Ors. v. Mool

Shanker : DBSAW No. 683/2021, decided on 14.01.2022 that the

order impugned transferring the petitioner within district could

(2 of 2) [CW-9704/2022]

only be passed by the District Establishment Committee, whereas

the order impugned has been passed by the Director of the

Integrated Child Development Services, Rajasthan, Jaipur, which is

ex facie without jurisdiction.

A reply to the petition has been filed, inter alia, emphasizing

that as the order has been approved at the competent level, the

same cannot be faulted.

Having considered the submissions made by learned counsel

for the parties and, the judgment in the case of Mool Shanker

(supra), wherein the Division Bench has categorically held that the

order is required to be passed by the authorities indicated under

Rule 8 of the Rules of 2011, the matter requires consideration.

Issue notice. Issue notice of the stay application also.

Additional reply, if any be filed within a period of four weeks.

In the meanwhile and until further orders, effect and

operation of the order dated 05.07.2022 (Annex.-4) qua the

petitioner, shall remain stayed.

In case, the petitioner has been relieved pursuant to the

order dated 05.07.2022, she may be permitted to join back at the

place from where, she has been transferred.

(ARUN BHANSALI),J 55-PKS/-

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