Dismissed

Dr. Sunil Agarwal S/O Shri Badri Prasad Gupta v. State of Rajasthan

Rajasthan HC17 May 2023CW/7612/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition where a medical officer challenged his transfer from Jaipur to Kota. The court held there was no mala fide or illegality in the transfer passed under administrative exigencies.

What did the court decide?

The writ petition challenging the transfer order is dismissed with no costs. Pending applications are disposed of.

Dr. Sunil Agarwal S/O Shri Badri Prasad Gupta Vs… — Service and Employment | Rajasthan HC (2023)

¶1

[2023/RJJP/011154]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 7612/2023

¶4

Dr. Sunil Agarwal S/o Shri Badri Prasad Gupta, Aged About 44 Years, R/o C-808, Mewar Apartment, Pratap Nagar, Jaipur Rajasthan.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Its Principal Secretary, Medical Health And Family Welfare Department, Government Of Rajasthan, Government Secretariat, Jaipur, Rajasthan.

¶8

Joint Secretary, Medical And Health (Group-II) Department And Panchayati Raj (Medical) Department, Government Secretariat, Jaipur, Rajasthan

¶9

Director, Medical Health And Family Welfare Department, Government Of Rajasthan, Tilak Marg, Jaipur, Rajasthan.

¶10

Chief Medical And Health Officer, Jaipur, Sethi Colony, Jaipur (Rajasthan)

¶11

Dr. Rakesh Kumar Mishra, At Present Medical Officer, Government Dispensary, Chaura Rasta, Jaipur

¶12

----Respondents

¶13

For Petitioner(s) : Mr. Nitesh Kumar Garg For Respondent(s) :

¶14

HON'BLE MR. JUSTICE SUDESH BANSAL Order

¶15

17/05/2023

¶16

By way of instant writ petition, the petitioner has challenged the order dated 09.05.2023 in appeal No.1284/2023 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur, who while dismissing the appeal on merits has affirmed the petitioner’s transfer order dated 14.02.2023 whereby he has been transferred from the Office of Directorate, Medical and Health to the Office of CHC, Itawa, Kota.

¶17

Heard counsel for petitioner and from perusal of the record, it transpired that the petitioner has challenged the transfer on the ground that his wife is posted at Jaipur itself at Government

[2023/RJJP/011154]

[CW-7612/2023]

(2 of 2)

Senior Secondary School, Kishorpura and his father is 52 years old, so for care and look after of his father, petitioner may be posted in Jaipur city itself, instead of Kota.

¶22

This Court finds that there is no good reason to interfere with the transfer order on grounds challenged. Further the Tribunal has considered the case of petitioner on merits and has given a finding that the impugned transfer order does not suffer from any mala fide or illegality and the same has been passed by the competent authority in administrative exigencies.

¶23

In case of Union of India Vs. Deepak Niranjan Nath Pandit [(2020)3 SCC 404] , the Apex Court has held that interference with transfer order is in excess of jurisdiction and improper exercise of judicial power, when there is no mala fide nor any breach of law in passing the transfer order.

¶24

For reasons discussed herein above, the impugned transfer order cannot be said to be mala fide or illegal and the same has been passed in administrative exigencies. There is no force in the instant writ petition and the same is hereby dismissed. No costs. 6. Stay application and all pending application(s), if any, also stand disposed of.

¶25

(SUDESH BANSAL),J

¶26

NITIN /36

Dr. Sunil Agarwal S/O Shri Badri Prasad Gupta v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Dr. Sunil Agarwal S/O Shri Badri Prasad Gupta 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Smt. Sunita Kumawat W/O Shri Anil Kumar Kumawat Vs State of Rajasthan

Vijay Singh Gurjar S/O Hari Singh Gurjar Vs Director General of Police

Lalita Bairwa D/O Shri Bhagwan Sahai Bairwa Vs State of Rajasthan

Akash Soni S/O Shri Kailash Chandra Vs State of Rajasthan

Parsadi Ram Saini S/O Lohre Ram Saini Vs the State of Rajasthan

Dr. Satyendra Singh Norawat S/O Gulab Singh Vs State of Rajasthan