Chhagan Lal Bhati vs The State Of Rajasthan ...
2025 Latest Caselaw 17088 Raj

Citation : 2025 Latest Caselaw 17088 Raj
Judgement Date : 16 December, 2025

[Cites 1, Cited by 0]

Rajasthan High Court - Jodhpur

Chhagan Lal Bhati vs The State Of Rajasthan ... on 16 December, 2025

[2025:RJ-JD:54169]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Civil Writ Petition No. 21701/2025

Chhagan Lal Bhati S/o Shri Dova Ram Bhati, Aged About 57
Years, R/o Shiv Nagar, Parshuram Road, Sadri, Tehsil Desuri,
District Pali (Raj.).
                                                                       ----Petitioner
                                       Versus
1.       The State Of Rajasthan, Through The Principal Secretary,
         Secondary Education, Govt. Of Rajasthan, Secretariat,
         Jaipur.
2.       The     Director,       Secondary        Education,        Directorate   Of
         Education, Rajasthan, Bikaner.
3.       The Rajasthan Civil Services Appellate Tribunal, Through
         The Registrar, Rajasthan Civil Services Appellate Tribunal,
         Jodhpur.
4.       Mr. Neelkamal Singh Ranawat, Executive Officer, Municipal
         Council, Sadri, District Pali.
5.       Shri Meetha Lal Borana, Principal, Devichand Mayachand
         Borlaiwala Govt. Senior Secondary School Sadri, District
         Pali.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. R.S. Saluja.
For Respondent(s)            :



            HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

16/12/2025

1. The present writ petition has been filed challenging the

transfer order dated 22.09.2025 (Annex.-5).

2. The grounds on which the present writ petition has been filed

are that the petitioner attributed certain malafides against

respondent-Authority on the fact that the petitioner allegedly

refused a permission sought by individuals for burning the (Uploaded on 16/12/2025 at 05:32:31 PM)

[2025:RJ-JD:54169] (2 of 3) [CW-21701/2025]

effigy of Ravan and there was no independent decision by

the Transferring Authority keeping in view of the

'Administrative Exigency'.

3. The second ground for challenge is that the petitioner's wife

is also working as a Senior Nursing Officer in the State

Government and as per the transfer policies and executive

instructions, spouse case has to be treated as a special case

while effecting transfer order and such a special

consideration required to be made by the respondents, which

has not been done.

4. Dealing with the malafides, the petitioner has not made the

Director of the Department as a party-in person and as per

the law laid down in various judgments that whenever

malafides are attributed to the authorities, which are

exercises the powers, the said authority required to be made

a party and the necessary pleadings to that effect required

to be pleaded.

5. In the present case, the Transferring Authority, against

whom the malafides have been attributed, has not been

made a party in personal capacity, therefore, such a ground

is untenable.

6. This Court has already considered the various judgments and

executive instructions issued by the State Government

dealing with the transfer of an employee in the case of

Sultan Singh Sahu vs. State of Rajasthan & Anr.: S.B.

Civil Writ Petition No. 18959/2025 and other

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[2025:RJ-JD:54169] (3 of 3) [CW-21701/2025]

connected matters, decided on 16.10.2025. The operative

portion of this judgment reads as under:-

"31. In the result, all these writ petitions are disposed of as follows:-

(i) This Court is not inclined to interfere in the orders of transfer;

(ii) The liberty is to the petitioners who are claiming preferential rights either under the executive instructions/transfer policy or who are retiring within two years or persons suffering with disability to make representations. Such representations shall be filed only after joining in the transferred post.

Any such representations are filed, the same shall be considered within a month keeping in view the executive instructions/transfer policy vis-a-vis administrative needs.

(iii) Other petitioners who are claiming various preferential rights under the above executive instructions/transfer policy are given liberty to make a representation in the upcoming general transfers, if any. If any such representations are made, the respondent-authorities shall consider the same according to the policy as well as administrative needs."

7. The present case of the petitioner is falling under Clause-(iii)

of para-31 of the case of Sultan Singh Sahu (supra),

therefore, the present writ petition is disposed of in the same

terms as given in the case of Sultan Singh Sahu (supra).

8. Pending applications, if any, stand disposed of.

(MUNNURI LAXMAN),J 305-PKS/-

(Uploaded on 16/12/2025 at 05:32:31 PM)