Chandrapal Choudhary vs The State Of Rajasthan
2023 Latest Caselaw 748 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1107/2023

Chandrapal Choudhary S/o Shri Mangla Ram Choudhary, Aged About 43 Years, Village Mohara Kallan, Tehsil Raipur District Pali. At Present Working As Junior Assistant Posted At Gram Panchayat Devali Kallan, Panchayat Samiti Raipur, District Pali.

----Petitioner Versus

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

2. Chief Executive Officer, Zila Parishad, Pali.

3. Block Development Officer, Panchayat Samiti Raipur District Pali.

                                                                  ----Respondents


For Petitioner(s)          :     Ms. Parul Goyal for
                                 Mr. Ramawatar Singh
For Respondent(s)          :     -



                      JUSTICE DINESH MEHTA

                                      Order

19/01/2023

1. By way of 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 petitioner,

the place of posting has not been assigned and only Panchayat

Samiti, Raipur has been described.

(2 of 2) [CW-1107/2023]

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.4) passed by Chief Executive Officer, Zila Parishad, Pali,

shall remain stayed.

(DINESH MEHTA),J 60-pooja/-

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