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2025 DAILYLAW 10343 (RAJ)

ARVIND KUMAR BAIRAGI S/O SHRI NATHU LAL v. STATE OF RAJASTHAN

CW/3472/2025 · 2025-04-15

Sudesh Bansal

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:16049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3472/2025 Arvind Kumar Bairagi S/o Shri Nathu Lal, Aged About 44 Years, R/o Gram And Post Laambakhoh, Tehsil Taleda, District Bundi (Rajasthan). ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Secretariat, Jaipur. 2. Chief Executive Officer, Zila Parishad, Bundi, District Bundi 3. Development Officer, Panchayat Samiti, Bundi. ----Respondents For Petitioner(s) : Mr. Praveen Sharma For Respondent(s) : Mr. Kapil Prakash Mathur, AAG, Mr. Prateek Saxena and Mr. Ashutosh Udawat HON'BLE MR. JUSTICE SUDESH BANSAL Order 15/04/2025 1. In instant writ petition under Article 226/ 227 of the Constitution of India, challenge has been made by the petitioner to the order dated 28.02.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short “the Tribunal”), dismissing Appeal No.1574/2025 filed by petitioner against his transfer order dated 15.01.2025 and affirming the transfer order. 2. Having heard counsel for both parties and from perusal of rerecord, this Court finds that vide transfer order dated 15.01.2025, petitioner, posted as Junior Assistant, was transferred from Gram Panchayat Ganeshpura, Panchayat Samiti Taleda, [2025:RJ-JP:16049] (2 of 2) [CW-3472/2025] District Bundi to Panchayat Samiti Nainwa, District Bundi. Learned Tribunal has clearly observed in the order impugned dated 28.02.2025 that such transfer of petitioner was made in compliance of decision taken in the meeting of Administration and Establishment Committee, Panchayat Samiti Jhunjhunu held on 15.01.2025. Hence, transfer of petitioner has been made, without breaching the provision of Rule 289(ii) of Rajasthan Panchayati Raj Rules, 1996. 3. In addition, learned Additional Advocate General, appearing on behalf of respondents, submits that petitioner has also joined at the transferred post, in pursuance of his transfer order dated 15.01.2025. 4. In such view of the matter, impugned order does not warrant any interference by this Court in exercise of powers under Article 226/ 227 of the Constitution of India. 5. As a result, the instant writ petition, being devoid of merits, is hereby dismissed. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/4