The High Court disposed of a writ petition challenging a school transfer order, directing the Rajasthan Civil Services Appellate Tribunal to decide the pending appeal or stay application within one month due to forum non conveniens.
Writ petition and Stay Application disposed of; Tribunal directed to decide within one month.
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S.B. CIVIL WRIT PETITION NO. 11241/2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR.
ORDER
S.B. CIVIL WRIT PETITION NO. 11241/2015 WITH S.B. CIVIL MISC. STAY APPLICATION NO. 9833/2015
SMT. KAMAR SULTANA
VS.
DY. DIRECTOR, DEPARTMENT OF SECONDARY EDUCATION, KOTA & ANOTHER.
DATE OF ORDER : 02.09.2015
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
Mr. Ram Rakh Sharma, for the petitioner.
BY THE COURT:
This writ petition has been filed by the petitioner challenging order dated 25.06.2015 whereby he has transferred from Government Senior Secondary School, Bakani to Dev Nagar, Bakani, District Jhalawar.
It is contended that the petitioner has already preferred an Appeal No. 1590/2015 against impugned order before the Rajasthan Civil Services Appellate Tribunal, but due to non-sitting of the Tribunal for a long time and slow functioning of it, no order has been passed even on the stay application and the very purpose of filing of appeal has been defeated.
In the facts of this case, instead of entertaining the writ petition, the Rajasthan Civil Services Appellate Tribunal is required to
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S.B. CIVIL WRIT PETITION NO. 11241/2015
decide either the stay application or the main appeal of the petitioner within a period of one month from the date a copy of order is produced before it.
With the aforesaid direction, writ petition is disposed of. Stay application also stands disposed of.
(MOHAMMAD RAFIQ),J.
Manoj, S.NO.67.
“All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.” MANOJ NARWANI Personal Assistant.
2 issues framed by the court
Whether the writ petition should be entertained when an appeal lies before the Administrative Tribunal.
Whether the Administrative Tribunal is directed to decide the appeal or stay application within one month.
Smt. Kamar Sultana
Dy. Director, Department of Secondary Education, Kota
Mohammad Rafiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
