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2025 DAILYLAW 16217 (RAJ)

PRIYANKA WIFE OF SHRI VIJAYPAL v. STATE OF RAJASTHAN

CW/6376/2025 · 2025-04-29

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:18076] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6376/2025 Priyanka Wife Of Shri Vijaypal, Aged About 43 Years, Resident Of Village An Post Gokulpura Via Savli, District Sikar (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through Its Principal Secretary, Medical And Health Department, Government Secretariat, Jaipur (Raj). 2. Director (Non Gazzattee) And Additional Director (Administration), Panchayatiraj (Medical) Department, Rajasthan, Jaipur. 3. Medical Officer And Incharge, Community Health Center, Tarpura, District Sikar. 4. Shimla Kumari, Nursingh Officer, Community Health Center, Tarpura, District Sikar. ----Respondents For Petitioner(s) : Mr. Anil Mahla For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 29/04/2025 1. Petitioner has invoked writ jurisdiction of this High Court under Article 226 of the Constitution of India seeking to assail his transfer order dated 15.01.2025 from Community Health Center Tarpura, Block Piprali District Sikar to Mahatma Gandhi Hospital, Jodhpur, vice respondent No.4- Smt. Shimla Kumari. 2. Counsel for petitioner submits that petitioner has been transferred on the post of Nursing Officer from Community Health Center Tarpura, Block Piprali District Sikar to Mahatma Gandhi Hospital, Jodhpur in place of one Smt. Shimla Kumari vide order [2025:RJ-JP:18076] (2 of 2) [CW-6376/2025] dated 15.01.2025 whereagainst petitioner has filed an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur, which has been dismissed vide order dated 07.03.2025. 3. Having heard counsel for petitioner and perused the order passed by the Tribunal, it appears that the Tribunal has decided the appeal of petitioner on merits. This Court finds that the transfer order does not suffer from any malafide or contrary to the transfer policy of the Government. 4. The Apex Court in case of Union of India Vs. Deepak Niranjan Nath Pandit [(2020) 3 SCC 404], has held that interference with transfer order is in excess of jurisdiction and improper exercise of judicial power, when there is no mala fide nor any breach of law in passing the transfer order. 5. Therefore, this Court, in exercise of its writ jurisdiction, is not inclined to interfere with the transfer order and the writ petition is hereby dismissed. 6. Stay application and other pending application(s), if any, stand disposed of. (SUDESH BANSAL),J NITIN /17