High Court of Rajasthan Jodhpur heard an intra-court appeal against a Single Judge order dismissing a PIL regarding transfer of headquarter. The court noted the appeal was barred by limitation but condoned delay. Ultimately, the appeal was dismissed as no case for interference was made out.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Spl. Appl. Writ No. 1154/2019
Gamer Lal Regar S/o Shri Nathu Lal Ji Regar, Aged About 58 Years, Resident Of 17 Aadarsh Nagar, E-Block, University Road, Udaipur.
----Appellant
Versus
----Respondents
For Appellant(s) : Mr.Sushil Solanki, Adv.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/01/2020
The appeal is reported to be barred by limitation of 9 days.
For the reasons mentioned in the application, the application is allowed. Delay in filing the appeal is condoned.
Heard.
This intra court appeal is directed against order dated 30th May, 2019 passed by the learned Single Judge of this Court whereby the writ petition preferred by the appellant assailing the legality of order dated 29th March, 2019 passed by the Joint Director (School Education), Udaipur Division, Udaipur rejecting
(2 of 2)
[SAW-1154/2019]
his representation for the change of Headquarter from Pratapgarh to Udaipur, has been dismissed.
The representation made has been rejected observing that the enquiry proceedings against the petitioner under Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 is pending. That apart, the investigation in criminal case registered against the petitioner for offence under Section 7 of the Prevention of Corruption Act, 1998 which relates to Udaipur is also pending and therefore, it was not considered appropriate to change the Headquarter.
The leaned Single Judge after due consideration observed that since investigations are still pending in respect of incident took place at Udaipur and if the petitioner is sought to be placed under suspension within the Headquarter at Pratapgarh, no exception can be taken to the said order.
We are in agreement with the view taken by the learned Single Judge.
No case for interference by this Court in exercise of appeal jurisdiction is made out.
The appeal is, therefore, dismissed.
(MANOJ KUMAR GARG),J
(SANGEET LODHA),J
29-NK/-
2 issues framed by the court
Whether the intra-court appeal against the dismissal of the writ petition regarding transfer of headquarter is maintainable.
Whether the court should condone the delay in filing the appeal.
2 provisions across 2 enactments
Gamer Lal Regar
The State Of Rajasthan
Sangeet Lodha
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
