The Division Bench allowed the appeal and quashed the Single Judge's stay order on the transfer of a government servant. The court held that since the transferee had already joined duty, the interim stay was no longer sustainable.
Quashed the interim order dated 03.12.2019 staying the transfer order of respondent No.1.
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 BENCH AT JAIPUR
D.B. Special Appeal Writ No. 47/2020
In
S.B. Civil Writ Petition No.20172/2019
----Respondents
For Appellant(s) : Mr. Ganesh Meena, Additional Advocate General. For Respondent No.1 : None.
HON'BLE MRS. JUSTICE SABINA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment / Order
09/09/2020
Service of respondent No.1 is complete, but none has appeared on his behalf.
Learned State counsel has submitted that the learned Single Judge vide the impugned order dated 03.12.2019 has erred in staying the transfer order of respondent No.1. Respondent No.1 was relieved in pursuance of the transfer order dated 29.09.2019 on 30.09.2019 and respondent No.2 has joined on the vacancy
(2 of 2)
[SAW-47/2020]
created by respondent No.1 on 30.09.2019 itself. Learned State counsel has placed reliance on the decision of Co-ordinate Division Bench of this Court in D.B. Special Appeal Writ No.495/2020 titled as Director, Secondary Education, Bikaner Versus Smt. Swati Bhatnagar and Anr. decided on 02.09.2020
wherein, it was held as under:-
“Recording the aforesaid undertaking and considering the circumstances arrived at the present case, we are of the considered view that the impugned order dated 18.02.2020 could not have been passed and ought not to have been passed since the writ petitioner had already been relieved from her post and her substitute had already joined there.”
Since in the present case, after the transfer order of respondent No.1 was passed, he was relieved from duty and in his place respondent No.2 has already joined, the interim order granted by the learned Single Judge is liable to be vacated.
Accordingly, appeal is allowed. Impugned order passed by the learned Single Judge dated 03.12.2019 whereby, effect and operation of transfer order dated 29.09.2019 was stayed, is quashed.
(CHANDRA KUMAR SONGARA),J
Sanjay Kumawat-72
3 issues framed by the court
Whether the interim stay order passed by the Single Judge staying the transfer order of a government servant ought to be vacated after the servant has been relieved and a substitute has joined.
Whether the transfer order dated 29.09.2019 of the second respondent is liable to be given effect.
Whether the appeal filed by the State against the stay order should be allowed.
Colour shows how this judgement treated each authority
D.B. Special Appeal Writ No.495/2020 titled as Director, Secondary Education, Bikaner Versus Smt. Swati Bhatnagar and Anr. decided on 02.09.2020Referred¶21
State Of Rajasthan, Through Director, Secondary Education, Rajasthan, Bikaner
District Education Officer, Secondary Education, Karauli
Ramesh Chand Meena
Rajesh Kumar Meena
Meera Kushwah
Sabina
Chandra Kumar Songara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
