Allowed

Ashish Kumar Jain S/O Suresh Chandra Jain v. State of Rajasthan

Rajasthan HC8 Feb 2022CW/805/2022

Case brief

AI extract

What is this about?

The High Court allowed the writ petition and quashed a non-speaking order of the Rajasthan Civil Services Appellate Tribunal dismissing an appeal against a transfer. The Court ruled that the Tribunal failed to issue a reasoned order as mandated by its rules, necessitating a remand to decide afresh.

What did the court decide?

The order dated 09.12.2021 of the learned Tribunal is quashed and the matter is remanded to the Tribunal for deciding the appeal afresh in accordance with law.

Ashish Kumar Jain S/O Suresh Chandra Jain Vs State… — Service and Employment | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Writ Petition No. 805/2022

¶3

Ashish Kumar Jain S/o Suresh Chandra Jain, Aged About 35 Years, R/o House No. 2, Agrawal Bhawan, Ware House Colony, Bazariya, Sawaimadhopur, Rajasthan. (Employee Id Rjsm200932011342)

¶4

----Petitioner

¶5

Versus

¶6

State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Of Rajasthan, Secretariat, Jaipur.

¶7

Director, Secondary Education, Rajasthan, Bikaner.

¶8

Joint Director, School Education, Bharatpur Division, Bharatpur.

¶9

The District Education Officer (Headquarter), Secondary Education, Sawaimadhopur, Rajasthan.

¶10

Akram Khan, Sr. Assistant, Diet, Sawaimadhopur.

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Dharmendra Jain through VC For Respondent(s) :

¶13

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

¶14

Order

¶15

08/02/2022

¶16

This writ petition has been preferred assailing the order dated 09.12.2021 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (for brevity “the learned Tribunal”) whereby, the Appeal No.6100/2021 preferred by the petitioner-appellant against the transfer order dated 26.09.2021 as also the consequential orders, has been dismissed.

¶17

Learned counsel for the petitioner submitted that the learned Tribunal has dismissed his appeal without adverting to the facts

¶18

(2 of 3)

¶19

[CW-805/2022]

¶20

involved therein and without considering the submissions raised by him during the course of arguments. He, therefore, prayed that the writ petition be allowed, the order dated 09.12.2021 be quashed and the matter may be remanded back to the learned Tribunal for consideration afresh on its merit.

¶21

Heard and Considered.

¶22

Since, the appeal has been disposed of by the learned Tribunal without issuing notice to the respondents therein, keeping in view the limited prayer made by the learned counsel, this Court deems it just and proper to decide this writ petition without issuing notices to the respondents.

¶23

The order dated 09.12.2021 is a non-speaking order. It does not reflect application of mind by the learned Tribunal on the submissions raised by the learned counsel for the appellant in the backdrop of factual matrix involved in the appeal. The learned Tribunal, being a quasi judicial authority, is enjoined upon to decide the appeal vide a reasoned order. Under the scheme of Rajasthan Civil Services (Service Matters Appellate Tribunal) Act, 1976 (for brevity “the Act of 1976”), the Tribunal is the final authority with regard to service matters enumerated in Section 2(f).

¶24

Rule 33 of the Rules of 1976 provides as under:-

¶25

“ 33. Order.- The order of the Bench shall be in writing and shall state the points of determination, its findings thereon and the reasons for these findings in a concise manner.”

¶26

Indisputably, the order impugned is not in conformity with Rule 33 of the Rules of 1976.

¶27

(3 of 3)

¶28

[CW-805/2022]

¶29

In view thereof, the order impugned dated 09.12.2021 cannot be sustained in the eye of law. The writ petition is allowed. The order dated 09.12.2021 passed by the learned Tribunal is quashed & the matter is remanded back to the learned Tribunal for deciding the appeal afresh in accordance with law. Looking to the nature of controversy and the urgency expressed of the learned counsel, the learned Tribunal is requested to expedite hearing of

¶30

the appeal.

¶31

(MAHENDAR KUMAR GOYAL),J

¶32

Manish/147

Ashish Kumar Jain S/O Suresh Chandra Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ashish Kumar Jain S/O Suresh Chandra Jain v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramsahay S/O Shri Sauji Bairwa Vs Assistant Engineer, Irrigation Division

Lord Shanischar Temple Vs State of Rajasthan

Surendra Dan S/O Hetu Dan Vs State of Rajasthan

Amrit Lal Meena S/O Moti Ram Vs the State of Rajasthan

Ali Mohammed S/O Shri Ajmat Vs State of Rajasthan

Salita Sharma D/O Shri Subhash Chand Sharma Vs the State of Rajasthan