Arvind Kumar Kharadi vs State Of Rajasthan
2023 Latest Caselaw 1042 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1334/2023

Arvind Kumar Kharadi S/o Lal Shanker Kharadi, Aged About 34 Years, R/o Village And Post Sabli, District Dungarpur (Raj.).

----Petitioner Versus

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

2. The Director, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Jaipur, Rajasthan.

3. The Chief Executive Officer, Zila Parishad, Dungarpur, Rajasthan.

4. The Development Officer, Panchayat Samiti Bichhiwara, District Dungarpur.

----Respondents

For Petitioner(s) : Mr. Pawan Singh Rathore

JUSTICE DINESH MEHTA

Order

25/01/2023

1. By way of the order dated 14.01.2023, the petitioner

has been transferred from one Panchayat Samiti to another

Panchayat Samiti.

2. It is asserted by learned counsel for the petitioner that

consent of Pradhan of both the Panchayat Samities has not been

obtained, prior to effecting transfer of the petitioner.

3. Learned counsel for the petitioner argues that above

transfer order is contrary to Rule 289 of the Rajasthan Panchayati

Raj Rules, 1996 and also illegal as while transferring the

(2 of 2) [CW-1334/2023]

petitioner, the place of posting has not been assigned and only

Panchayat Samiti Chikhli has been described.

4. Learned counsel argues that such position is contrary to

judgment of this Court rendered in the case of Chandra Kanta Vs.

State of Rajasthan & Ors in S.B. Civil Writ Petition No.

14638/2019.

5. Matter requires consideration.

6. Issue notice. Issue notice of the stay application also,

returnable within six weeks.

7. Meanwhile, effect and operation of order dated

14.01.2023 (Annex-2) passed by Chief Executive Officer, Zila

Parishad Dungarpur and relieving order dated 17.01.2023

(Annex-3) shall remain stayed.

(DINESH MEHTA),J 344-Mak/-

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