Dismissed

Ramswaroop S/O Late Shri Laluram v. Municipal Corporation Jaipur

Rajasthan HC11 Mar 2019CW/2516/2019

Case brief

AI extract

What is this about?

In a Civil Writ Petition challenging the transfer of the petitioner, the High Court dismissed the appeal, holding that postings are administrative exercises of discretion not subject to judicial interference unless palpalably malafide, and finding no statutory contravention.

What did the court decide?

The writ petition was dismissed with no relief granted to the petitioner.

Ramswaroop S/O Late Shri Laluram Vs Municipal… — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writs No. 2516/2019

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Ramswaroop S/o Late Shri Laluram, Aged About 53 Years, Resident Of Plot No. 86/4, Balmiki Colony, Malviya Nagar, Jaipur.

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----Petitioner

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Versus

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Municipal Corporation Jaipur, Through Its Commissioner, Pandit Deendayal Upadhyay Bhavan, Tonk Road, Jaipur.

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Mayor, Municipal Corporation Jaipur, Pandit Deendayal Upadhyay Bhavan, Tonk Road, Jaipur.

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Deputy Commissioner, Municipal Corporation Jaipur, Sanagner Zone, Sanganer Stadium Road, Near Girls School Sanganer, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Vimal Choudhary

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HON'BLE MR. JUSTICE ALOK SHARMA

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Order Date of Order :: 11^th March, 2019

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This petition has been filed challenging the order dated

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24.12.2018 whereby in place of petitioner one Mukesh S/o Babu

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Lal has been posted as officiating Sanitary Inspector in Ward No.

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36, Sanganer Zone, Municipal Corporation, Jaipur.

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Counsel for the petitioner submitted that Mukesh S/o

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Babu Lal was posted as officiating Sanitary Inspector in Ward No.

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36 merely on the recommendations of Ward Member on the false

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(2 of 4)

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[CW-2516/2019]

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pretext that the petitioner was suffering from paralysis, whereas

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in-fact the petitioner was not suffering from paralysis and he had

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neck pain, as is evident from the prescription slip issued by SMS Hospital, Jaipur. He further submitted that even otherwise the petitioner's transfer is malafide, inasmuch as said order dated 24.12.2018 has been passed due to political interference under

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the directions of the then Mayor, Jaipur Municipal Corporation. In this view of the matter, the impugned order dated 24.12.2018

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deserves to be quashed and set-aside.

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In support of his contentions, he has placed reliance on

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the judgment passed by this Court in the case of Asu Singh Versus

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State of Rajasthan reported in 1984 RLW 138.

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Heard. Considered.

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It is admitted fact that petitioner was working as an

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officiating Sanitary Inspector in Ward No. 36. On the view of the

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respondent no.3, the Deputy Commissioner, Municipal Corporation

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Jaipur, the sanitation work of ward no. 36 was not upto the mark

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and deteriorating day-by-day. In order to ensure better work in

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regard thereto, vide order dated 24.12.2018 Mukesh S/o Babu Lal

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(3 of 4) [CW-2516/2019]

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was posted as officiating Sanitary Inspector in place of the

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petitioner. Posting / Transfers are incidents of service and matters

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of exercise of administrative discretion in public interest. The superior officer is entitled to choose work required of his subordinates. In the exercise of that discretion there cannot be no judicial interference nor any illegality on that count can be attributed to a posting order. The subjective satisfaction on which a transfer or posting is ordered unless palpably malafide cannot be

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interfered with.

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So far as the judgment in the case of Asu Singh Versus

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State of Rajasthan (supra), relied on by the counsel for the petitioner is concerned the foundational facts therein do not attract to the instant case. The petitioner has not suffered any prejudice from the impugned order in respect to his station of posting or pay. In-fact whether he in any manner at all can be said

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to be aggrieved thereof is open to grave doubt.

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In this view of the matter, I find no force in this

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petition. Nothing malafide can be attributed to the respondents in

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issuing the order dated 24.12.2018. Nor from the case of the

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(4 of 4)

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[CW-2516/2019]

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petitioner any statutory / legal contravention has been made out

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for it to be impugned successfully.

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The writ petition is dismissed accordingly.

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(ALOK SHARMA),J
DK

Ramswaroop S/O Late Shri Laluram v. Municipal Corporation Jaipur

Case brief

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Ramswaroop S/O Late Shri Laluram v. Municipal Corporation Jaipur

Case brief

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