Tara Chand S/O Shri Mooli Ram vs The State Of Rajasthan ...
2023 Latest Caselaw 1999 Raj/2

[2023/RJJP/002357]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 2275/2023
Tara Chand S/o Shri Mooli Ram, Aged About 53 Years, R/o F-3,
A-38, Shanti Nagar, Near Gurjar Ki Thadi, Jaipur. Present
Working As Block Development Officer, Panchayat Samiti-
Srinagar, Ajmer (Raj.). Empl. Id- RJJJ201023007469
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Secretary, Rural
         Development       And    Panchayati Raj Department,
         Secretariat, Jaipur (Rajasthan).
2.       Commissioner Cum Dy. Principal Secretary-Ii, Panchayati
         Raj, Rural Development And Panchayati Raj Department,
         Secretariat, Jaipur.
3.       Chief Executive Officer, Zila Parishad- Ajmer, Ajmer.
4.       Bhanwar Singh Charan, Block Development Officer
         Through Chief Executive Officer, Zila Parishad- Ajmer.
                                                                 ----Respondents

For Petitioner(s)         :     Mr. M.S. Raghav
For Respondent(s)         :


             HON'BLE MR. JUSTICE SUDESH BANSAL
                                     Order

10/02/2023

1. By way of instant writ petition filed under Article 227 of the

Constitution of India, petitioner has challenged the order dated

31.01.2023 passed by the Rajasthan Civil Services Appellate

Tribunal (hereinafter "the Tribunal"), dismissing his appeal and

affirming the transfer order of petitioner dated 13.01.2023

whereby he has been transferred as Block Development Officer

(BDO) from Panchayat Samiti, Srinagar (Ajmer) to Panchayat

Samiti, Baseri (Dholpur) on the vacant post.

2. Having heard counsel for petitioner and from perusal of

record, it is not in dispute that the petitioner was posted in

Panchayat Samiti, Srinagar (Ajmer) vide order dated 30.09.2021

[2023/RJJP/002357] (2 of 2) [CW-2275/2023]

and thereafter, vide order impugned dated 13.01.2023, he has

been transferred to Panchayat Samiti, Baseri (Dholpur) and on the

vacant post, in place of petitioner, private respondent No.4 has

been transferred and has also joined.

3. The arguments raised by counsel for petitioner that the

transfer order is in violation to Section 89(8A) of the Rajasthan

Panchayati Raj Act, 1994 and stands bad in law due to indication

of Srinagar (Dungarpur) instead of Srinagar (Ajmer), has already

been dealt with by the Tribunal in its order dated 31.01.2023.

4. This Court while exercising its jurisdiction under Article 227

of the Constitution of India, is not acting as an appellate Court.

The findings of the Tribunal that mentioning of Srinagar

(Dungarpur), instead of Srinagar (Ajmer) is merely an accidental

or typographical mistake and for that reason, the transfer order

may not be treated as passed without application of mind or

malafidely.

5. The judgment delivered in case of Naresh Koli Vs. State of

Rajasthan in SB Civil Writ Petition No.7277/2006 decided on

08.11.2006, on which counsel for petitioner is placing reliance

does not render any help to the petitioner, as facts of the said

judgment is not applying to the present case.

6. In view of aforesaid, the instant writ petition is devoid of

merits and as a consequence, the same is hereby dismissed.

7. Stay application and other pending application(s), if any,

stand disposed of.

(SUDESH BANSAL),J SACHIN/6

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