DR. NARESH KUMAR SAXENA S/O LATE SHRI A.K. SAXENA v. STATE OF RAJASTHAN
SAW/284/2025 · 2025-04-03
Anand Sharma, Manindra Mohan Shrivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12768 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12768 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:14985-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 284/2025 Dr. Naresh Kumar Saxena S/o Late Shri A.k. Saxena, Aged About 59 Years, R/o 91/15, Patel Marg, Mansarovar, Jaipur, Rajasthan. ----Appellant Versus
1. State Of Rajasthan, Through Principal Secretary, Department Of Animal Husbandary, Govt. Secretariat, Rajasthan, Jaipur.
2. Joint Secretary, Department Of Animal Husbandary, Rajasthan, Jaipur.
3. Director, Directorate Of Animal Husbandary, Jaipur.
4. Dr. Krishan Kumar Morya, Presently Posted On Deputation At Directorate Gopalan Lalkothi, Jaipur. ----Respondents For Appellant(s) : Mr. Rishi Kumar Sharma For Respondent(s) : Ms. Mahi Yadav, AAG with Ms. Manaswita Nakwal & Ms. Sakshi Bhardwaj HON'BLE THE CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANAND SHARMA
Judgment 03/04/2025
1. Ms. Mahi Yadav, AAG enters appearance and takes notice for respondents.
2. Heard.
3. An order passed by the learned Single Judge and the transfer
order is under challenge mainly on the submission that the appellant was transferred within a short period of one year; the appellant’s wife is posted as teacher in Education Department and that the appellant is going to retire in 13 months.
[2025:RJ-JP:14985-DB] (2 of 2) [SAW-284/2025]
4. It is well settled that in the absence of there being any ground of illegality or malafide, the Writ Court will not interfere with the transfer order. We do not find that there is any allegation of malafide levelled against the transferring authority. However, it appears that the appellant is aggrieved because of his transfer in certain aggravated circumstances.
5. In our view, the respondents should consider the appellant’s representation on the aspect that he is going to retire in 2013; his wife is posted in Jaipur and that within a very short period of one year without completing normal tenure, he has been shifted.
6. On appellant’s submitting representation within a period of 10 days from today before the Principal Secretary, Department of Animal Husbandry, Government of Rajasthan, the representation shall be examined on the aforesaid three aspects and the same shall be decided by speaking order within a period of 30 days from the date of the receipt of the representation.
7. The appeal is, accordingly, disposed of.
(ANAND SHARMA),J (MANINDRA MOHAN SHRIVASTAVA),CJ N.Gandhi/Neeru/13