Petitioner challenged a transfer order invoking writ jurisdiction while an appeal was pending before the Appellate Tribunal.
Petitioner granted liberty to move an application for early hearing of his appeal/stay application before the Appellate Tribunal.
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[2023/RJJP/004074]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 4307/2023
Harish Kamma S/o Madan Lal, Aged About 46 Years, R/o Loyalka Ki Kothi Ke Pass, Ward No.23, Pilani (Rural), District Jhunjhunu (Raj.)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. Harish Kamma, petitioner present in person |
|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
13/03/2023
By way of instant writ petition, the petitioner has challenged transfer order dated 05.01.2023 whereby and whereunder he has been transferred from the Office of Project Manager, Anuja Nigam Limited, Jhunjhunu (Rajasthan) to Office of Dy. Director (Regional) Women & Child Development Department, Barmer (Rajasthan).
The petitioner states that he has challenged the transfer order by way of filing an Appeal No.1031/2023 before the Appellate Tribunal, Jaipur, wherein vide order dated 01.03.2023,
[2023/RJJP/004074]
[CW-4307/2023]
(2 of 2)
notices of appeal as also of stay application have been issued and next date for hearing of appeal is fixed for 13.04.2023.
The petitioner has prayed to stay his transfer order in the meantime and till the next date of hearing before the Tribunal.
This Court is of the opinion that when the Tribunal is ceased with the impugned transfer order and stay application is also pending, the circumstances of this case do not warrant to interfere in the meantime. However, the petitioner states that the notices of appeal have been served upon the respondents, therefore, the petitioner is at liberty to move an application for early hearing of his appeal/stay application before the Appellate Tribunal prior to 13.04.2023.
With the aforesaid liberty, the writ petition stands disposed of.
(SUDESH BANSAL),J
RAJAT/14
1 issue framed by the court
Whether the High Court should interfere with the transfer order pending appeal before the Appellate Tribunal.
Harish Kamma
The Principal Secretary, Directorate Of Economic And Statistic
The Joint Director (Adm.), Directorate Of Economic And Statistic
Ravindra Singh
Sudes Bansal
As recorded by the court registry
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