Citation : 2025 Latest Caselaw 5261 Raj
Judgement Date : 23 January, 2025
[2025:RJ-JD:4290]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 1338/2025
Laxman Ram Beniwal S/o Shri Teja Ram Beniwal, Aged About 59
Years, R/o Davi Sagar, Nagaur (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj
(Panchayati Raj), Government Of Rajasthan, Jaipur (Raj.).
2. The Deputy Commissioner And Joint Secretary (Second),
Department Of Rural Development And Panchayati Raj
(Panchayati Raj), Government Of Rajasthan, Jaipur (Raj.).
3. The Chief Executive Officer, Zila Parishad, Nagaur (Raj.).
4. The Development Officer, Panchayat Samiti, Nagaur,
District Nagaur (Raj.).
5. Banshilal Jotiyana, Presently Posted And Working As
Assistant Engineer, Panchayat Samiti, Jayal, District
Nagaur (Raj.).
----Respondents
For Petitioner(s) : Mr. OP Sangwa.
For Respondent(s) : Mr. Pawan Bharti assisted by Mr. IR
Choudhary, AAG.
HON'BLE MR. JUSTICE ARUN MONGA
Order(Oral)
23/01/2025
1. Petitioner herein, inter alia, seeks quashing of an office order
dated 15.01.2025(Annex.2), vide which he was transferred from
Panchayat Samiti Nagaur, District Nagaur to Panchayat Samiti
Jayal, District Nagaur.
2. At the outset, it is submitted by the learned counsel for the
petitioner that the issue raised in the present writ petition is
covered by a judgment rendered in Dr. (Smt.) Pushpa Mehta
[2025:RJ-JD:4290] (2 of 2) [CW-1338/2025]
Vs. Rajasthan Civil Services Appellate Tribunal & Ors.
Reported in 2001(1) RLR 398. He submits that the petitioner is
sanguine that, in case he is allowed to file a representation qua
the grievance raised in the present writ petition and the same is
considered in light of the aforesaid judgment, he will be meted out
with favorable treatment.
3. In view of the aforesaid, without commenting on the merits
of the case, the petition filed by the petitioner is disposed of with
a direction to the competent authority to decide the
representation (may file fresh, if not already filed) of the
petitioner, in accordance with law, keeping in view the
observations made in the case of Pushpa Mehta (supra), as
expeditiously as possible, but not later than four weeks from
today.
4. Till then, the impugned order dated 15.01.2025 qua the
petitioner shall be kept at abeyance. In case it is found that the
case of the petitioner is not covered by the judgment rendered in
Pushpa Mehta, ibid, specific reasons thereof shall be given by
passing a speaking order.
5. Pending application(s), if any, stand disposed of.
(ARUN MONGA),J 22-/Jitender//-
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