Disposed

Nilesh Singh S/O Rameshwar Singh v. the Secretary, Vardhaman Mahaveer Open University

Rajasthan HC11 May 2022SAW/588/2022

Case brief

AI extract

What is this about?

This court disposed of an appeal against a single judge's order upholding a transfer of a Class-IV employee. While upholding the transfer as lawful and not motivated by malafides, the court allowed a representation to be filed to reconsider the matter in light of the university's multiple centers.

What did the court decide?

Appeal disposed of with no interference in the transfer order; liberty granted to file a representation within seven days.

Nilesh Singh S/O Rameshwar Singh Vs the Secretary… — Service and Employment | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Special Appeal (Writ) No. 588/2022

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S. B. Civil Writ Petition No. 10785/2021

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Nilesh Singh S/o Rameshwar Singh, Aged About 55 Years, R/o 43A Ke Samne, Shivpura, Bhitiya Kuna, Kota, Rajasthan.

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----Appellant

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Versus

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The Secretary, Vardhaman Mahaveer Open University, Kota, Rajasthan.

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The Registrar, Vardhaman Mahaveer Open University, Kota, Rajasthan.

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The Director, School Of Humanities And Social Science, Vardhaman Mahaveer Open University, Kota, Rajasthan.

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----Respondents

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For Appellant(s)	: Mr. Ram Pratap Saini, Adv.
For Respondent(s)	: Mr. Anubhav Agarwal, Adv. for
	Ms. Anita Agarwal, Sr. Counsel

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HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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11/05/2022

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Present appeal is filed against the order dated 28.04.2022 passed by Single Judge in SBCWP No. 10785/2021.

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Learned counsel for the appellant has submitted that appellant/petitioner was transferred by respondents from Kota to Bharatpur, vide order dated 14.09.2021, and he has challenged the said order on the ground that the appellant/petitioner is ClassIV employee. Further he has submitted that the respondents are an open university and they have various centres in the State of Rajasthan, wherein the appellant/petitioner along with 7 other

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(2 of 3)

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[SAW-588/2022]

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employees have been transferred. He has submitted that it is only the appellant/petitioner who has transferred to a distant place and other persons have been transferred at nearby areas.

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The learned Single Judge, while passing the order dated 28.04.2022, has relied upon the Apex Court judgment titled as Union of India & anr. Vs. Deepak Niranjan Pandit & Anr. Reported in (2020) 3 SCC 404, wherein it has been categorically held that the Hon’ble Court under Article 226 of the Constitution of India should be slow in interfering in the transfer order until and unless the transfers so made are in breach of law or are actuated by malafides.

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We have considered the records of the appeal, judgment of the Apex Court, impugned order dated 28.04.2022 and heard arguments advanced by the appellant’s counsel.

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On the analysis of the impugned order, this court is of the view that appellant/petitioner is not able to make out that the present case fall under the category of malafides or that it is in breach of law.

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Transfers vide order dated 14.09.2021 were within domain of respondents and were due to administrative exigency and therefore, this court is of the view that the order of learned Single Judge which was passed by placing reliance upon the Apex Court judgment needs no interference. But at the same time, this court upon consideration of the fact that the university/respondents are having various centers and the appellant/petitioner is a Class-IV employee, give liberty to the appellant/petitioner to file a representation within period of seven days and the same may be considered within a period of 15 days in accordance with law and as per wisdom of the respondents without any prejudice.

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(3 of 3)

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[SAW-588/2022]

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In the light of the above, the appeal is disposed of with no interference in the transfer order dated 14.09.2021.

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(SAMEER JAIN),J

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(PRAKASH GUPTA),J

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Pooja /6

Nilesh Singh S/O Rameshwar Singh v. the Secretary, Vardhaman Mahaveer Open University

Case brief

What is this about?

What did the court decide?

Nilesh Singh S/O Rameshwar Singh v. the Secretary, Vardhaman Mahaveer Open University

Case brief

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What did the court decide?

What the court decided

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