Dismissed

Nemi Chand S/O. Magaram v. Ajmer Vidhyut Vitran Nigam Limited

Rajasthan HC19 Oct 2020CW/10406/2020

Case brief

AI extract

What is this about?

The Single Judge (Sanjeev Prakash Sharma), explaining that Class I officers must perform duties where posted and normally cannot challenge transfer orders, dismissed the petitioner's writ petition. The court noted that a subsequent order placed the petitioner on an independent post at the same location, rendering the case devoid of merit.

What did the court decide?

The writ petition is dismissed as it is found to be devoid of merits.

Nemi Chand S/O. Magaram Vs Ajmer Vidhyut Vitran… — Service and Employment | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10406/2020

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Nemi Chand S/o. Magaram, Aged About 51 Years, Permanent Resident Of Village Abusar Ka Bas, (Durjanpura), Post Abusar, District Jhunjhunu (Raj.) At Present A.en. Acos, Jhunjhunu (Raj.)

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----Petitioner

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Versus

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1.Ajmer Vidhyut Vitran Nigam Limited (Avvnl) Through Secretary (Admn.), Avvnl, Vidhyut Bhawan, Panchsheel Nagar, Makadwali Road, Ajmer (Raj.)

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2.Subhash Saini S/o. Shri Jagdish Prasad, A.en. Avvnl R/o. R/3/2 Rseb Colony, Near Indira Nagar, Jhunjhunu (Raj.)

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----Respondent

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For Petitioner(s)	: Mr. Madhav Mitra(Through V.C.)
For Respondent(s)	: Mr. Bharat Saini, Addl G.C.
	Mr. Abhishek Sharma

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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19/10/2020

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The petitioner was placed APO by the impugned order dated 02.09.2020. This court had issued notices in the present petition whereafter reply has been filed by the respondents and it has been stated therein that the petitioner has been now posted as AEN (IDPS), AVVNL, Jhunjhunu in the same building on another post vide order dated 07.09.2020.

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Learned counsel for the petitioner submits that the action of the respondents was bias and malafide and for further reasons that petitioner had earlier challenged this transfer order wherein this court interfered and the order was upheld by Division Bench. Being aggrieved on the said action, the petitioner has been again posted at different post although it is in the same building,

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[CW-10406/2020]

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(2 of 3)

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however, the said action ought to be treated malafide and bad in law. Learned counsel further submits that the order of posting from the post was without approval of the Managing Director although earlier orders were passed after taking approval from the Managing Director.

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I have considered the submissions.

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The petitioner assailed the order of placing him awaiting posting order, however, another order has been passed now on 07.09.2020 whereby he has been posted at the same place on independent post of AEN. Such posting cannot be said in any manner to be a transfer and it does not take away any right of the petitioner. Once, an Officer of the cadre of Assistant Engineer is posted at a different place, he is expected to perform his duty at that place without delay and should not be expected to enter into unnecessary litigation. This court has already observed in S.B. Civil Writ Petition No.12762/2019: Ujjawal Singh Sekhsaria Vs. Ajmer Vidyut Vitran Nigam Limited & Anr decided on 06.09.2019 as under:-

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4. Officers of the Rank of Assistant Engineer are Class I Officers and they are expected to perform their duties all over the State. Normally transfers of Class I rank ought not to be interfered by Rajasthan Civil Service Appellate Tribunal or this Court, unless there is an allegation of malafide or where there is an acute difficulty which may be put up by a particular Officer which has not been redressed by the Government. In normal course, therefore, it is not expected from Class I Officers to challenge the transfer order as these are made on account of administrative exigencies of service and State Government Officers are expected to perform their duties where they may be posted. This Court thus, deprecates the tendency of class I Officers challenging

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[CW-10406/2020]

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(3 of 3)

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their transfer orders and demanding posting at a partic ular place.

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Taking into consideration that the order dated 07.09.2020 is not under challenge before this court and the view as above, I am not inclined to interfere.

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This writ petition is found to be devoid of merits and the same is accordingly dismissed.

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(SANJEEV PRAKASH SHARMA),J

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ashu / 57

Nemi Chand S/O. Magaram v. Ajmer Vidhyut Vitran Nigam Limited

Case brief

What is this about?

What did the court decide?

Nemi Chand S/O. Magaram v. Ajmer Vidhyut Vitran Nigam Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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