Disposed

Jitendra Singh Shakawat v. State of Rajasthan

Rajasthan HC12 May 2023CW/3615/2023

Case brief

AI extract

What is this about?

This order disposed of two writ petitions contesting an interim stay on an administrative transfer. The Court directed the Tribunal to decide the underlying appeal expeditiously, within ten days, while allowing an earlier interim stay to continue pending the Tribunal's decision on merit.

What did the court decide?

Direction to the Tribunal to decide the appeal expeditiously, preferably within 10 days; interim order of 17.03.2023 continues till disposal.

Jitendra Singh Shakawat Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023/RJJD/014862]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 4701/2023

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State Of Rajasthan, Through The Principal Secretary To The Government, Agriculture (Group-1) Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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The Joint Secretary To The Government, Agriculture (Group-1) Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.).

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The Commissioner, Agriculture Department, Government Of Rajasthan, Jaipur (Raj.).

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----Petitioners

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Versus

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Gopal Lal Kumawat S/o Amra Ram Kumawat, Aged About 57 Years, R/o 15, Sanjay Nagar, Near Rajiv Gandhi Bhavan, Rajendra Nagar, Jalore (Raj.).

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Jitendra Singh Shakawat S/o Shri Gajendra Singh Shakawat, R/o A-504, Punchsheel Colony, Ajmer (Raj.).

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----Respondents

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S.B. Civil Writ Petition No. 3615/2023

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Jitendra Singh Shakawat S/o Late Shri Gajendra Singh Shakawat, Aged About 58 Years, Resident Of A-504, Punchsheel Colony, Ajmer, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through The Principal Secretary To The Government, Agriculture (Group-1) Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Joint Secretary To The Government, Agriculture (Group-1) Department, Government Of Rajasthan, Secretariat, Jaipur.

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Shri Dinesh Kumar Jaga, Joint Director, Agriculture (Extension), Zila Parishad, Chittorgarh (Raj.).

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Shri Gopal Lal Kumawat S/o Shri Amara Ram Kumawat, Aged About 57 Years, Resident Of 15, Sanjay Nagar, Near Rajeev Gandhi Bhavan, Rajendra Nagar, Jalore (Raj.).

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----Respondents

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For Petitioner(s) : Mr. M.C. Bishnoi Mr. Hanuman Ram Mr. Prahalad Singh (through VC) Mr. Manvendra Singh Ms. Anita Rajpurohit

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For Respondent(s) : Ms. Saeena Bano Mr. Sampat Prajapat Mr. Kamal Solanki

(2 of 3)

[2023/RJJD/014862]

[CW-4701/2023]

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

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Order

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12/05/2023

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Heard learned counsel for the parties.

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Both the writ petitions arise out of a common order passed by the Tribunal on 24.02.2023, therefore, they are being decided by this common order.

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Briefly, the facts giving rise to the present petitions are that Shri Gopal Lal Kumawat, who was working as Joint Director in the respondent-Department, was transferred to Barmer vide order dated 13.01.2023. The petitioner assailed the validity of this transfer order before the Rajasthan Civil Services Appellate Tribunal, Jodhpur and vide order dated 24.02.2023, the Tribunal passed an interim order staying the operation of the transfer order dated 13.01.2023. Against the order dated 24.02.2023, the petitioner-State Government as well as the private respondentJitendra Singh Shakawat preferred these writ petitions.

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As informed by the learned counsel for the parties, the pleadings before the Tribunal are complete.

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Learned counsel for the petitioner-State Government submits that on account of the interim order granted by the Tribunal, the petitioners are facing great difficulty in managing the administrative affairs as the post at Barmer is lying vacant in view of the interim order granted by the Tribunal.

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Learned counsel for the petitioner-Jitendra Singh Shakawat submits that petitioner has been relieved from Udaipur and he has already joined at Jalore, however, in view of the order dated 24.02.2023, he is unable to perform his duties at Jalore.

[2023/RJJD/014862]

[CW-4701/2023]

(3 of 3)

Learned counsel for the respondent-Gopal Lal Kumawat submits that he will be satisfied, if the Tribunal is directed to decide the appeal itself expeditiously.

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Considering the submissions made at the Bar and taking note of the fact that the State Government is facing administrative difficulties in wake of the order passed by the Tribunal on 24.02.2023, this Court is of the opinion that ends of justice will be met, if the Rajasthan Civil Services Appellate Tribunal is directed to decide the appeal itself at the earliest.

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In view of the discussion made above, the writ petitions are disposed of with a direction to the Tribunal to hear the appeal itself on merit and decide the same at the earliest, preferably within a period of 10 days from the date of receipt of the certified copy of this order.

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However, the interim order dated 17.03.2023 granted by this Court in S.B. Civil Writ Petition No.3615/2023 shall continue till the disposal of the appeal before the Tribunal.

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(VINIT KUMAR MATHUR),J

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208 & 216-/Vivek/-

Jitendra Singh Shakawat v. State of Rajasthan

Case brief

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Jitendra Singh Shakawat v. State of Rajasthan

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