Rajasthan High Court - Jodhpur
Umesh Kumar vs State Of Rajasthan ... on 24 May, 2023
Bench: Dinesh Mehta
[2023/RJJD/017193]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 2956/2021
1. Umesh Kumar S/o Sh. Roop Kishore Ji, Aged About 35
Years, B/c Jat , R/o At Present Constable No 102/251
Police Line , Rajsamand.
2. Mahavir Singh S/o Sh. Kaluram Ji, Aged About 46 Years,
B/c Jatav , R/o At Present Constable No 06, Police Line ,
Rajsamand.
----Petitioners
Versus
1. State Of Rajasthan, Through The Principle Secretary To
The Government Department Of Home Affairs ,
Secretariat , Jaipur
2. Additional Director General Of Police, Vigilance , Jaipur
3. Inspector General Of Police, Udaipur Range , Udaipur
----Respondents
For Petitioner(s) : Mr. Shashank Sharma
For Respondent(s) : Mr. Gaurav Ranka for Ms. Vandana
Bhansali
JUSTICE DINESH MEHTA
Order
24/05/2023
1. This writ petition has been filed by the petitioners aggrieved
against the order dated 04.01.2021 (Annex.1), whereby, the
headquarter of the petitioners has been changed from Rajsamand
to Udaipur.
2. It is inter alia indicated that by orders dated 09.07.2019
12.11.2018, respectively, the petitioners were placed under
suspension and their headquarter was fixed at Rajsamand.
However, by the order impugned dated 04.01.2021 (Annex.1), the
[2023/RJJD/017193] (2 of 3) [CW-2956/2021]
headquarter of the petitioners has been changed from Rajsamand
to Udaipur, without any cause having been indicated in the order.
3. Submissions have been made that the issue raised in the
present petition is covered by order in Dinesh Kumar v. State of
Rajasthan & Ors.: S.B. Civil Writ Petition No.11067/2021, decided
on 10.2.2022, wherein, in similar circumstances, the order
directing change of headquarter, has been set aside.
4. Learned counsel for the respondents is not in a position to
dispute that the issue raised in the present petition is covered by
order in the case of Dinesh Kumar (supra).
5. In the case of Dinesh Kumar (supra), this Court following the
order in the case of Shubhash Chandra v. State of Rajasthan &
Ors.: S.B. Civil Writ Petition No.10353/2021, decided on 3.9.2021,
upheld by the Division Bench in State of Rajasthan & Ors. v.
Surendra Khokhar: D.B. Special Appeal Writ No.610/2021,
decided on 29.11.2021, came to the following conclusion:-
"The Division Bench, on appeal, came to the
conclusion that statutory provisions limit the transfer
liability of the Constable and Head Constable within the
district and the Assistant Sub Inspector within the
Range.
So far as the submissions made by learned
counsel for the respondents pertaining to the
interpretation of the provisions is concerned, the
Coordinate Bench as well as the Division Bench have
taken into consideration the provisions of Rules and as
such, the submissions made in this regard cannot be
countenanced.
Further submissions were attempted to be made
by learned counsel for the respondents that present is
not a case of transfer and the same is only a change of
Headquarter and as such, the ratio in the case of
Subhash Chandra (supra) would not apply.
A perusal of the judgment of Subhash Chandra
(supra) as quoted hereinbefore would reveal that in
para No.42 & 43, the Coordinate Bench has dealt with
the said aspect and had negated the said submissions,
therefore, the said aspect also is no more res integra.
[2023/RJJD/017193] (3 of 3) [CW-2956/2021]
In view of the above discussion, following the
judgments in the case of Subhash Chandra (supra) and
Surendra Khokhar (supra), the petitions filed by the
petitioners are allowed.
The order dated 18.12.2020 (Annex.3) qua the
petitioners are quashed and set aside."
6. In view of the above, the petition filed by the petitioners is
allowed. The order dated 04.01.2021 (Annex.1) qua the
petitioners is quashed and set aside.
7. All interlocutory applications including the stay application
stand disposed of accordingly.
(DINESH MEHTA),J
106-Arvind/-
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