Sarjeet Swami vs State Of Rajasthan ...
2023 Latest Caselaw 6748 Raj

[2023:RJ-JD:27675]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 11360/2021

Sarjeet Swami S/o Shri Ramswaroop Swami, Aged About 50 Years, Ward No. 37, Patwar Colony, Bhadra District Hanumangarh. At Present Working As Village Development Officer, Gram Panchayat Karanpura, Panchayat Samiti Bhandra, District Hanumangarh.

----Petitioner Versus

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

2. Chief Executive Officer, Zila Parishad, Hanumangarh.

3. Block Development Officer, Panchayat Samiti Bhadra, District Hanumangarh.

4. Shri Balwan Singh Punia, Mla, Bhadra, District Hanumangarh.

5. Bhim Singh, Village Development Officer, Gram Panchayat Bhadi Panchayat Samiti, Bhadra, District Hanumangarh.

                                                                         ----Respondents


For Petitioner(s)               :     Mr. Yuvraj Singh for
                                      Mr. R.S. Choudhary
For Respondent(s)               :     Mr. K.K. Bissa



                          JUSTICE DINESH MEHTA

                                            Order

02/09/2023

1. By way of present petition, the petitioner has challenged the

order dated 13.08.2021 and relieving order dated 13.08.2021

passed by the Chief Executive Officer, Zila Parishad, Sri

Hanumangarh, whereby the petitioner has been transferred from

one Panchayat Samiti to another Panchayat Samiti without the

consent of the Pradhan of the concerned Panchayat Samiti.

[2023:RJ-JD:27675] (2 of 2) [CW-11360/2021]

2. Learned counsel for the petitioner argued that the issue

involved in the present case has already been decided by this

Court vide judgment dated 29.05.2023 passed in the case of

Ikbal Singh Vs. State of Rajasthan & Ors. : S. B. Civil Writ

Petition No.11472/2021, wherein following the judgment dated

09.09.2021 passed in the case of Kishan Saini Vs. State of

Rajasthan & Ors. : S. B. Civil Writ Petition No. 11358/2021,

the order impugned in the said writ petition has been quashed.

3. Following the reasoning given in the judgment passed in the

cases of Ikbal Singh (supra) and Kishan Saini (supra), the present

writ petition is also allowed, as the consent of Pradhan of the

concerned Panchayat Samiti was not obtained.

4. The impugned order transfer dated 13.08.2021 and relieving

order dated 13.08.2021 passed by the Chief Executive Officer, Zila

Parishad, Hanumangarh qua the petitioner are hereby quashed.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J 55-Mak/-

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