Sunil Kumar vs The State Of Rajasthan ...
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Rajasthan High Court - Jodhpur

Sunil Kumar vs The State Of Rajasthan ... on 21 January, 2025

[2025:RJ-JD:3850]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Civil Writ Petition No. 1328/2025
Sunil Kumar S/o Shri Hosiyar Singh, Aged About 42 Years,
Resident Of Dokwa, Tehsil Rajgarh, District Churu. At Present
Assistant Administrative Officer, Panchayat Samiti, Rajgarh,
District Churu.
                                                                       ----Petitioner
                                       Versus
1.       The State Of Rajasthan, Through Secretary, Rural
         Development    And    Panchayati Raj Department,
         Government Of Rajasthan, Jaipur.
2.       Additional Commissioner And Joint Secretary (First), Rural
         Development    And     Panchayati    Raj    Department,
         Government Of Rajasthan, Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Churu.
4.       The Development Officer, Panchayat Samiti Rajgarh,
         District Churu.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Vikas Bijarnia.
For Respondent(s)            :     Mr. Pawan Bhati for
                                   Mr. I.R. Choudhary, AAG.


         HON'BLE MR. JUSTICE ARUN MONGA

Order 21/01/2025

1. Petitioner herein is impugning an order dated 13.01.2025

(Annex.6), vide which, his transfer order dated 08.01.2025,

transferring him from Churu to Rajgarh, has been cancelled, and

that too after its implementation. The petitioner had already

joined at the transferred place on 10.01.2025.

2. A perusal of the official record appended with the petition,

particularly the joining report of the petitioner dated 10.01.2025

(contained at Annex.5 of the petition), clearly reflects that the

transfer order of the petitioner had already been implemented.

3. Once the incumbent had joined the transferred post, trite as

it may sound, one can only cancel or recall that which is existing,

[2025:RJ-JD:3850] (2 of 2) [CW-1328/2025]

and not what has already been implemented and thus is non-

existent.

4. Therefore, it is incomprehensible as to how the competent

authority cancelled the transfer order, considering it to be in a

state of suspended animation, when the reality was otherwise, as

it had already been implemented.

5. No doubt the competent authority could have passed fresh

transfer orders, provided administrative exigency so warranted.

However, the course adopted to recall/cancel a non-existent

administrative order cannot, therefore, be countenanced.

6. In this context, reference may be had to a judgment

rendered by this Court in Smt. Meenaxi Sharma Vs. State of

Rajasthan & Ors.: S.B. Civil Writ Petition No.10428/2009,

decided on 26.03.2010, wherein in somewhat similar

circumstances, it was held that transfer order once implemented /

executed, cannot be recalled / cancelled.

7. As a result, the impugned order dated 13.01.2025

(Annex.6), cancelling the petitioner's transfer order, is quashed

and set aside. The respondents are at liberty to pass fresh orders

if there is any administrative exigency so warrants.

8. The petition is allowed accordingly.

9. Pending application(s), if any, stand disposed of.

(ARUN MONGA),J 28-Jitender / Sumit/-

                                   Whether Fit for Reporting:             Yes / No









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