Dismissed

Ashok Kumar Wadhwa v. State of Rajasthan

Rajasthan HC15 Jan 2019SAW/39/2019

Case brief

AI extract

What is this about?

In this intra-court appeal against the Rajasthan Civil Services Appellate Tribunal, the bench agreed with the single judge that the court could not interfere or issue a stay in the pending appeal without jurisdiction, as the Tribunal had already issued notices. The appeal was dismissed.

What did the court decide?

The appeal against the Tribunal's order was dismissed; no interim stay was granted.

Ashok Kumar Wadhwa Vs State of Rajasthan — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 39/2019

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Ashok Kumar Wadhwa S/o Shri Ram Chander Wadhwa, Aged About 52 Years, By Caste Arora, Resident Of House No. C-22, Kunj Vihar, Sriganganagar (Raj.).

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----Appellant

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Versus

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State Of Rajasthan, Through The Secretary, Department Of Education, (Secondary Education), Government Of Rajasthan, Jaipur (Raj.).

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The Director, Secondary Education, Bikaner (Raj.).

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The District Election Officer And District Collector, Sri Ganganagar (Raj.).

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The Rajasthan Civil Services Appellate Tribunal, Jaipur Through Registrar, Mini Secretariat, Bani Park, Jaipur (Raj.).

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----Respondents

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For Appellant(s) : Mr. Himmat Jagga For Respondent(s) :

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HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTA

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Judgment

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15/01/2019

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This intra-court appeal is directed against the order dated 08.01.2019 passed by the learned Single Judge of this court whereby the writ petition preferred by the appellant assailing the legality of the order dated 28.12.2018 passed by the Rajasthan Civil Services Appellate Tribunal (for short, ‘the Tribunal’) stands dismissed.

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The facts relevant are that the appellant preferred an appeal under the provisions of Rajasthan Civil Services Appellate

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(2 of 2)

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[SAW-39/2019]

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Tribunal Act, 1976 assailing the legality of order dated 26.11.2018 issued by the Director, Secondary Education, Rajasthan, Bikaner whereby the appellant was transferred from Sriganganagar to Balotra. The learned Tribunal, vide order dated 28.12.2018, issued notices to the respondents in the appeal, however, no ex parte interim order as prayed for by the appellant was granted.

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After due consideration of the matter, the learned Single Judge opined that merely because the Tribunal did not deem it appropriate to grant ad interim order, this court cannot interfere in the pending appeal and deal with the stay application independent of the appeal wherein notices have already been issued. The learned Single Judge observed that in case the appellant felt any urgency in the matter, it was required of the appellant to approach the Tribunal in this regard.

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We are in agreement with the view taken by the learned Single Judge.

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No case for interference in intra-court appeal jurisdiction is made out. The appeal is, therefore, dismissed.

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(DINESH MEHTA),J

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(SANGEET LODHA),J

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/skm/I.No.127

Ashok Kumar Wadhwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashok Kumar Wadhwa v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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