The High Court dismissed a writ petition challenging the Rajasthan Civil Services Tribunal's order transferring the petitioner, Dr. Surya Prakash Napit, from Sawai Madhopur to Jhalawar under administrative exigencies, holding courts should not interfere.
The writ petition and the stay application were 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.
SB CI VI L WRI T PETI TI ON NO. 12123/ 14. 1
I N THE HI GH COURT OF JUDI CATURE FOR RAJASTHAN BENCH AT JAI PUR
SB CI VI L WRI T PETI TI ON NO. 12123/ 14.
DR. SURYA PRAKASH NAPI T – PETI TI ONER. VS STATE OF RAJASTHAN & ORS. – RESPONDENTS.
DATE OF ORDER : 10TH DECEMBER, 2014.
PRESENT HON' BLE MS. JUSTI CE BELA M. TRI VEDI
Mr . Ankur Rast ogi f or t he pet i t i oner .
ORDER
BY THE COURT :
SB CI VI L WRI T PETI TI ON NO. 12123/ 14. 2
t he r i ght per spect i ve. He f ur t her submi t t ed t hat t he pet i t i oner was al so hol di ng t he addi t i onal char ge of PTI , whi ch char ge has not been di r ect ed t o be handed over t o any ot her per son.
admi ni st r at i ve exi gency al ongwi t h ot her l ect ur er s. I f some ot her l ect ur er s have not been t r ansf er r ed t hat does not mean t hat t he pet i t i oner al so shoul d not been t r ansf er r ed, mor e par t i cul ar l y when t he pet i t i oner was post ed at Sawai Madhopur si nce 2007. As
r egar ds t he addi t i onal char ge al so, t he Tr i bunal has r i ght l y obser ved t hat i t i s f or t he concer ned depar t ment t o see as t o hom t he sai d char ge shoul d be handed over . As per t he set t l ed l egal posi t i on, t he cour t s shoul d not
i nt er f er e wi t h t he t r ansf er or der s made by t he depar t ment s consi der i ng t he
admi ni st r at i ve exi genci es, when t her e i s no al l egat i on of mal af i des or ext r eneous consi dear t i on made by t he pet i t i oner i n t he pet i t i on.
SB CI VI L WRI T PETI TI ON NO. 12123/ 14. 3
( BELA M. TRI VEDI ) J.
MRG.
Al l cor r ect i ons made i n t he j udgment / or der have been i ncor por at ed i n t he j udgment / or der bei ng emai l ed. MRG/ PS
2 issues framed by the court
Whether the petitioner's transfer from Sawai Madhopur to Jhalawar by the Rajasthan Civil Services Tribunal was arbitrary and without justification.
Whether the court can interfere with the administrative exigencies of departmental transfer orders absent allegations of malafides or extraneous considerations.
DR. SURYA PRAKASH NAPI T
STATE OF RAJASTHAN
BELA M. TRIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
