Smt. Nidhi Rani Joshi vs State Of Rajasthan
2023 Latest Caselaw 1037 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1483/2023

Smt. Nidhi Rani Joshi wife of Shri Jyoti Prakash Pandaya, Aged About 58 Years, Resident Of 16, Parshwanath Colony, Savina, 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, Girva, District Udaipur.

                                                                    ----Respondents


For Petitioner(s)           :     Mr. Mukesh Rajpurohit
For Respondent(s)           :



                       JUSTICE DINESH MEHTA

                                       Order

25/01/2023

1. 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-1483/2023]

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.

2. Having considered the submissions made by learned counsel

for the petitioner 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.

3. Issue notice. Issue notice of the stay application also.

4. Reply, if any, be filed within a period of four weeks.

5. Meanwhile, effect and operation of the order dated

15.01.2023 (Annex.-4) qua the petitioner, shall remain stayed.

6. In case, the petitioner has been relieved pursuant to the

order dated 15.01.2023, she may be permitted to join back at the

place from where, she has been transferred.

(DINESH MEHTA),J 168-Arvind/-

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