OMPRAKASH SHARMA S/O SHRI JAGDISH NARAYAN SHARMA v. STATE OF RAJASTHAN
CW/11002/2025 · 2025-07-23
Sudesh Bansal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 24764 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24764 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:27524] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11002/2025 Omprakash Sharma S/o Shri Jagdish Narayan Sharma, Aged About 39 Years, R/o Plot No. 103, Indra Market, Bagado Ka Mohalla, Chaksu, Jaipur, Rajasthan. ----Petitioner Versus
1. State of Rajasthan, Through Secretary, Medical And Health Department, Secretariat, Rajasthan, Jaipur
2. Principal Secretary, Medical And Health Department, Secretariat, Jaipur
3. Director (Non-Gazetted), Medical And Health Directorate, Jaipur
4. Hariom Khaduja, Pharmacist Grade-1St, Phc Bajawas Head Kotpuli, Behror.
5. Surendra Singh Baghela, Pharmacist Grade-1St, Through Director (Non-Gazetted) Medical And Health, Jamdoli, Jaipur ----Respondents For Petitioner(s) : Mr. Devashish Pancholi For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order 23/07/2025
1. It appears that petitioner was promoted from the post of Pharmacist to Pharmacist Grade I and thereafter has been transferred form Primary Health Centre, Kadeda, Chaksu, Jaipur to CHC Gopalgarh, Deeg, Bharatpur vide order dated 23.04.2025 whereagainst petitioner preferred appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur. The challenge to the transfer order was made on some family adversarial
[2025:RJ-JP:27524] (2 of 2) [CW-11002/2025] circumstances, appeal of petitioner was considered along with other appeals and vide common order dated 06.06.2025 and all appeals have been dismissed with a fact finding that transfer order of promotion has been passed in administrative exigency and same does not suffer from any malafides nor has been issued in flagrant violation of the transfer policy rules.
2. 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.
3. Therefore, this Court, while exercising its writ jurisdiction, is not inclined to interfere with the transfer order, which has been affirmed by the Tribunal on merits, observing that the transfer
order has been passed in administrative exigencies and does not suffer from any mala fides or illegality. The writ petition is without any force and the same is accordingly dismissed.
4. Stay application and other pending application(s), if any, stand disposed of.
(SUDESH BANSAL),J RONAK JAIMAN/43