Chunni Lal Meena vs The State Of Rajasthan
2023 Latest Caselaw 1043 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1316/2023

Chunni Lal Meena S/o Shri Hari Kishan Meena, Aged About 33 Years, R/o Hirnoti, Alwar (Raj.).

----Petitioner Versus

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

2. The Additional Commissioner And Deputy Secretary (I), Department Of Rural Development And Panchayati Raj, Secretariat, Rajasthan, Jaipur.

3. The Chief Executive Officer, Zila Parishad Hanumangarh, District Hanumangarh.

4. The Vikas Adhikari, Panchayat Samiti Nohar, District Hanumangarh.

----Respondents

For Petitioner(s) : Mr. Jitendra Singh Bhaleria

JUSTICE DINESH MEHTA

Order

25/01/2023

1. By way of the order dated 13.01.2023, 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-1316/2023]

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

Panchayat Samiti Bhadra 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

13.01.2023 (Annex-P/3) passed by Chief Executive Officer, Zila

Parishad Chittorgarh and relieving order of even date (Annex-P/4)

shall remain stayed.

(DINESH MEHTA),J 339-Mak/-

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