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2025 DAILYLAW 17307 (RAJ)

NORTI BAIRWA D/O SHIVJI RAM BAIRWA, W/O SHRI PANKAJ SISODIYA v. STATE OF RAJASTHAN

CW/6821/2025 · 2025-05-07

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:19203] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6821/2025 Norti Bairwa D/o Shivji Ram Bairwa, W/o Shri Pankaj Sisodiya, R/o Bairwa Mohalla, Rahlana, Dudu, District Jaipur ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary Department Of Animal Husbandry, Government Of Rajasthan, Government Secretariat Jaipur 2. Director, Directorate Animal Husbandry, Rajasthan Jaipur 3. Kishanlal Bairwa, Member, Ward No. 2, Zila Parishad Tonk ----Respondents For Petitioner(s) : Mr. Laxmi Kant Malpura For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 07/05/2025 1. By means of filing instant writ petition under Article 226 of the Constitution of India, challenge has been made by the petitioner to the transfer order dated 15.01.2025 passed by Respondent no.2-Rajasthan Government, Directorate of Animal Husbandry, Jaipur, whereby the petitioner, who was posted as Live Stock Assistant, was transferred from Sub-Centre, Pandraheda, Todaraisingh Tonk to Panchi Parli, Tonk to Sub Centre Roopwas, Tonk and Respondent No. 3 was posted in his place. 2. It appears that the petitioner questioned her transfer order, alleging family inconvenience, against which she preferred an appeal being Appeal No. 1541/2025 before the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short “the Tribunal”). Learned Tribunal, on the concession of counsel for the petitioner (appellant in appeal), [2025:RJ-JP:19203] (2 of 2) [CW-6821/2025] permitted the petitioner to submit a representation and accordingly, the appeal was disposed of vide order dated 27.02.2025. 3. It appears that petitioner submitted a representation and in pursuance thereof, it has been considered on merits by the respondents and same has been rejected vide order dated 19.03.2025 stating inter alia that petitioner has been transferred within district Tonk and her transfer order has been passed in administrative exigency. 4. This Court is of considered opinion that the appeal filed by the petitioner was disposed of on the concession of her advocate to submit a representation, hence the order of Tribunal so also the original transfer order dated 15.01.2025 is not amenable to be further challenged by the petitioner invoking writ jurisdiction, moreover when the transfer order has been observed to be passed in administrative exigency and petitioner has been posted within district Tonk itself. 5. In case of Union of India Vs. Deepak Niranjan Nath Pandit [(2020) 3 SCC 404], the Apex Court 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. 6. In such view of the matter, this Court finds that there is no good reason to interfere with the transfer order on grounds challenged and impugned order does not warrant any interference by this Court in exercise of powers under Article 226 of the Constitution of India. 7. As a result, the instant writ petition, being devoid of merits, is hereby dismissed. 8. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J TN/37