The High Court allowed the writ petition relying on Subhash Chandra's case, quashing the impugned order and permitting the respondent department to grant non-field posting to the petitioner.
The writ petition was allowed and the impugned order dated 05.11.2021 was quashed.
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 Petition No. 4167/2020
Richhpal S/o Late Shri Ladu Ram Ji, Aged About 49 Years, Reserve Police Line, Banswara.
----Petitioner
----Respondents For Petitioner(s) : Mr. Sushil Solanki For Respondent(s) : Ms. Vandana Bhansali
HON'BLE MS. JUSTICE REKHA BORANA
Order
21/07/2022
Learned counsel for the petitioner as well as learned counsel for the respondents are in agreement to the fact that the controversy in question is covered by the judgment passed in S.B.
Civil Writ Petition No.10353/2021; Subhash Chandra vs. State of Rajasthan and Ors . decided on 03.09.2021.
In Subhash Chandra’s case after dealing with all the aspects pertaining to transfers of Constable/Head Constable out of range, the Court observed as under:
“As an outcome of the discussion foregoing, these writ petitions deserve to be and are hereby allowed. The impugned order dated 05.11.2021, qua each of the petitioners, whose names are mentioned in the schedule, including that of Subhash Chandra, is quashed.”
(2 of 2)
[CW-4167/2020]
In view of ratio laid down in Subhash Chandra’s case, the present writ petition is also allowed. However, it is made clear that the respondent-Department would be at liberty to give non field posting to the petitioner.
All pending applications also stand disposed of.
(REKHA BORANA),J 91-T.Singh, Abhishek/-
3 issues framed by the court
Whether the present writ petition, being covered by the ratio in Subhash Chandra's case, requires independent adjudication.
Whether the petitioner is entitled to non-field posting in terms of the cited precedent.
How pending applications filed in this matter should be disposed of.
Colour shows how this judgement treated each authority
Subhash Chandra vs. State of Rajasthan and OrsRelied on¶14
S.B. Civil Writ Petition No.10353/2021; Subhash Chandra vs. State of Rajasthan and Ors
Richhpal S/o Late Shri Ladu Ram Ji
State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Government Of Rajasthan
The Director General Of Police (Headquarter), Jaipur
The Inspector General Of Police, Udaipur
The Superintendent Of Police, Banswara
Rekha Borana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Rekha Borana
Parties & counsel
