Hon'ble Justice Arun Bhansali, in S.B. Civil Writ No. 264/2019, allowed the petitioner's writ petition. The Court, applying the precedent Samleta v. State of Rajasthan & Ors., quashed the transfer order dated 12.7.2018 for lack of required consent.
The order dated 12.7.2018 is quashed and set aside qua the petitioner.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ No. 264/2019
Bharti Shrimali D/o Hem Shankar Shrimali, Aged About 54 Years, W/o Yogesh Chandra Dashotta, B/c Shrimali, R/o 78, Vivek Nagar, Sector No. 3, Hiran Magri, Girwa, District- Udaipur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Dashrath Singh Rathore. 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
07/01/2019
Learned counsel Mr. Anil Bissa and Mr. Manish Patel are directed to accept notice on behalf of the respondents.
Copies of the writ petition have been supplied to them.
Learned counsel for the petitioner submits that the issue involved in the present writ petition is squarely covered by
(2 of 2) [CW-264/2019]
judgment of this Court in Samleta v. State of Rajasthan & Ors.: 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 12.7.2018 (Annex.-2) is quashed and set aside qua the petitioner.
No order as to costs.
(ARUN BHANSALI),J
263-Sumit/-
2 issues framed by the court
Whether the present writ petition is to be allowed in light of the judgment in Samleta v. State of Rajasthan & Ors.
Whether the transfer order dated 12.7.2018 should be quashed and set aside qua the petitioner.
Colour shows how this judgement treated each authority
Samleta v. State of Rajasthan & Ors.Applied¶17
Samleta v. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.11862/2017
Bharti Shrimali
State Of Rajasthan
Additional Director (Administration), Medical And Health Services
Block Chief Medical Officer, Udaipur
State Of Rajasthan, Through The Secretary, Department Of Rural Development And Panchayati Raj
Zila Parishad, Udaipur
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
