This is a writ petition challenging the transfer order of a Gram Sewak by the State Government. The Court found no malice, violation of rules, or manifest error. The petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP 14008/2009
[1]
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH
SB Civil Writ Petition No. 14008/2009 Laxmi Kant Versus.
The State of Rajasthan and ors.
DATE OF ORDER : 10/11/2009
HON'BLE MR. JUSTICE AJAY RASTOGI
Mr. Vinod Kumar Sharma, for petitioner.
Petitioner, who is Gram Sewak, was
transferred by the State Government in exercise
of powers conferred under Section 89(8-A) of the
Rajasthan Panchayati Raj Act vide order Anx. 1
dated 18/09/2009.
It may be relevant to mention that it is a
consolidated order whereby more than 829 Gram
Sewaks were transferred from one place to other,
some of them on their own request and also for
administrative reasons. So far as the petitioner
is concerned, he has been transferred as per the
note on account of the administrative reason
against which he preferred appeal before the
Tribunal which was rejected vide order dated
20/10/2009.
Counsel submits that he is a low paid
employee and his wife is taking medical
treatment in Heart and General Hospital, Jaipur.
Documents to this effect have also been placed
on record. Counsel submits that his work and
CWP 14008/2009
[2]
performance are also satisfactory as is evident
from the letter of Sarpanch of the concerned
Gram Panchayat and in such circumstances, the
impugned transfer in no manner can be said to be
in the interest of administration.Asper
petitioners' own saying he was initially posted
somewhere in 2006 and working in Panchayat
Samiti, weir for almost three years and has been
transferred to Panchayat Samiti, Dhori Manna
under order impugned dt. 18/09/2009.
The submission, which has been made by
counsel of administrative reason which could be
examined by the authority while passing the
order transferring the employees in exercise of
its statutory powers under the Act of 1994. The
petitioner has not alleged any malice against
the authority or violation of any statutory
Rules. Moreover, he is working in Panchayat
Samiti, Weir for almost three years and if the
authority considered it appropriate to transfer
the petitioner in the interest of administration
under order impugned, this Court finds no
infirmity which may call for interference.
Learned Tribunal has also examined and found no
justification in interfering with the order of
transfer. This Court has also examined the
record and find no manifest error committed by
CWP 14008/2009 [3]
the Tribunal which may call for interference. At
this stage, counsel submits that he may be
permitted to file representation, he is always
at liberty to make representation if advised.
The writ petition, being devoid of merit, is
accordingly dismissed.
[AJAY RASTOGI], J.
Raghu/14008-CW-2009--final.doc
2 issues framed by the court
Whether the High Court should interfere with the transfer order of a Gram Sewak allegedly based on administrative reasons.
Whether the Writ Petition satisfied the criteria for intervention by the Court.
Laxmi Kant
The State of Rajasthan
AJAY RASTOGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court