SHIV CHARAN MEENA S/O SHRI GAURI RAM MEENA v. STATE OF RAJASTHAN
CW/2808/2025 · 2025-03-03
Sameer Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7880 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7880 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:9116] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2808/2025 Shiv Charan Meena S/o Shri Gauri Ram Meena, R/o 6-Ma-222, Indra Gandhi Nagar, Jagatpura, Jaipur (Raj.). ----Petitioner Versus
1. State Of Rajasthan, Through Secretary Rural Development And Panchayati Raj Department, Govt. Secretariat, Jaipur (Rajasthan).
2. Deputy Commissioner And Deputy Secretary-Ii, Rural Development And Panchayati Raj Dept. Govt. Of Rajasthan, Govt. Secretariat, Jaipur (Rajasthan).
3. Chief Executive Officer, Zila Parisad Jaipur (Rajasthan).
4. Block Development Officer, Panchayat Samiti, Nagal Rajavtan (Jaipur) District Jaipur District (Rajasthan). ----Respondents For Petitioner(s) : Ms. Neekita Bhargava, Adv. For Respondent(s) :
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 03/03/2025
1. The present petition is filed assailing the transfer order dated 09.01.2025, whereby, the petitioner is transferred from Panchayat Samiti Nangal Rajawatan, Jaipur to Panchayat Samiti Ladnu, Nagaur and order dated 05.02.2025 passed by learned RAT, whereby, appeal filed by the petitioner is dismissed.
2.
Learned counsel for the petitioner has submitted that the respondents have transferred the petitioner in an arbitrary manner, without any administrative exigencies, therefore, the impugned transfer order is arbitrary. It is further submitted that
[2025:RJ-JP:9116] (2 of 2) [CW-2808/2025] the order passed by learned RAT is liable to be quashed as the same is passed without appraising the facts and circumstances of the case.
3. Heard and considered.
4. Considering the foregoing facts and circumstances, taking note of the arguments advanced by the learned counsel for the parties, this Court relying upon the dictum encapsulated in the
judgment passed by Hon’ble Apex Court in Shilpi Bose & Ors. Vs. State of Bihar & ors. reported in 1991 Supp (2) SCC 659., wherein, it is opined that that Court should not interfere in the transfer orders unless same are passed in an arbitrary manner and suffers from malice, and are dehors the rules and transfer policy, therefore, this Court finds no malice in the transfer order, and the order passed by learned RAT is a speaking order. Thus, this Court is not inclined to interfere in the present petition.
7. Accordingly, the present petition is hereby dismissed in light of Shilpi Bose (supra).
8. Pending applications, if any, shall stand disposed of.
(SAMEER JAIN),J CHANDAN /133