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2025 DAILYLAW 9304 (RAJ)

SANT KUMAR SON OF LATE SHRI CHHOTU RAM v. STATE OF RAJASTHAN

CW/3120/2025 · 2025-04-15

Sudesh Bansal

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:16059] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3120/2025 Sant Kumar Son Of Late Shri Chhotu Ram, Aged About 40 Years, R/o Village And Post Manuta Kalan, P.s. Khetri, District Jhunjhunu (Raj). ----Petitioner Versus 1. State Of Rajasthan, Through Its Secretary Cum Commissioner, Panchayat Raj Department, Govt Of Rajasthan, Secretariat, Jaipur. 2. Chief Executive Officer, Zila Parishad Jhunjhunu (Raj). 3. Vikas Adhikari, Panchayat Samiti Khetri, District Jhunjhunu (Raj). 4. Electoral Registration Officer (Sdm), Khetri, District Jhunjhunu (Raj). ----Respondents For Petitioner(s) : Mr. Mahendra Singh Gurjar For Respondent(s) : Mr. Kapil Prakash Mathur, AAG, Mr. Prateek Saxena and Mr. Ashutosh Udawat HON'BLE MR. JUSTICE SUDESH BANSAL Order 15/04/2025 1. In instant writ petition under Article 226/ 227 of the Constitution of India, challenge has been made by the petitioner to the order dated 20.02.2025 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for short “the Tribunal”), dismissing Appeal No.1438/2025 filed by petitioner against his transfer order dated 09.01.2025 and affirming the transfer order. 2. Having heard counsel for both parties and from perusal of record, this Court finds that vide transfer order dated 09.01.2025, [2025:RJ-JP:16059] (2 of 2) [CW-3120/2025] petitioner, posted as Junior Assistant, was transferred from Gram Panchayat Manuta Kalan, Panchayat Samiti Khetri to Panchayat Samiti Alsisar within District Jhunjhunu. Learned Tribunal has considered the case of petitioner on merits and has clearly given a finding that the transfer order is not in breach of provision of Section 89(2)(ii) of the Rajasthan Panchayati Raj Act, 1994 and same does not suffer from any malafide or illegality. 3. 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. 4. 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/ 227 of the Constitution of India. 5. As a result, the instant writ petition, being devoid of merits, is hereby dismissed. 6. Stay application and pending application(s), if any, stand disposed of. (SUDESH BANSAL),J Sachin/5