The Hon'ble High Court allowed Smt. Noorjahan Qureshi's writ petition, quashing a transfer order that violated Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities), Rules 2011, relying on the precedent Samleta v. State of Rajasthan.
The order dated 07.09.2018 (Annex.-3) is quashed and set aside qua the petitioner.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 123/2019
Smt. Noorjahan Qureshi W/o Shri Ikbal Qureshi, Aged About 35 Years, Resident Of Opposite Bus Stand, Riyan Badi, Tehsil Riyan Badi, District Nagaur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dilip Kumar Barupal for Mr. Yashpal Khileree. For Respondent(s) : Ms. Sweta Bora for Mr. Anil Bissa, AGC. Mr. K.S. Solanki for Mr. Manish Patel, AGC.
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
03/01/2019
Learned counsel for the parties submit that the issue involved in the present writ petition is squarely covered by judgment of this Court in Samleta v. State of Rajasthan & Ors.:
(2 of 2)
[CW-123/2019]
S.B. Civil Writ Petition No.11862/2017, decided on 14.11.2017 , wherein, this Court after referring to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities), Rules 2011 (‘the Rules of 2011’), on coming to the conclusion that in terms of the said Rule, consent of the Panchayati Raj Department was not taken before affecting the transfer of the petitioner therein, quashed the transfer order.
Learned counsel for the respondent – Medical and Health Department is not in a position to distinguish the said judgment either on facts or on law qua the present case.
In view of the above fact situation and the judgment of this Court in the case of Samleta (supra), the present writ petition is allowed. The order dated 07.09.2018 (Annex.-3) is quashed and set aside qua the petitioner.
No order as to costs.
(ARUN BHANSALI),J
138-PKS/-
1 issue framed by the court
Whether the transfer of the petitioner was valid without taking consent of the Panchayati Raj Department under Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities), Rules 2011.
Colour shows how this judgement treated each authority
Samleta v. State of Rajasthan & Ors.Relied on¶16
Samleta v. State of Rajasthan & Ors.: (2 of 2)
S.B. Civil Writ Petition No.11862/2017Explained¶19
Smt. Noorjahan Qureshi
State Of Rajasthan, Through Its Principal Secretary, Department Of Medical, Health And Family Welfare, Government Of Rajasthan
Additional Director (Administration), Medical And Health Services, Health Bhawan, Tilak Marg, Jaipur
The Medical Officer In-Charge, Primary Health Centre, Alniyawas, Block Riyan Badi, Panchayat Samiti Riyan Badi, District Nagaur
The Principal Secretary, Rural Development And Panchayati Raj Department, Government Of Rajasthan
The Zila Parishad Nagaur, Through Its Chief Executive Officer
Arun Bhansali
As recorded by the court registry
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