Disposed

Sarita v. State of Rajasthan

Rajasthan HC22 Nov 2023CW/8105/2021

Case brief

AI extract

What is this about?

This order disposes of a writ petition seeking quashing of transfer orders and discontinuation of service. The court made the interim stay absolute and granted liberty to respondents to pass fresh transfer orders as per administrative exigency.

What did the court decide?

The interim order dated 29.06.2021 was made absolute; liberty granted to respondents to pass fresh transfer orders according to administrative exigency and law.

Sarita Vs State of Rajasthan — Service and Employment | Rajasthan HC (2023)

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[2023:RJ-JD:40137]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 8105/2021

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Sarita D/o Shri Chandgi Ram W/o Shri Vedpal, Aged About 29 Years, By Caste Jat, Resident Of Lalana Bas Utradada, Tehsil Nohar District Hanumangarh. At Present Posted As A.n.m. Sub Health Centre, Sardargadhiya, Chc Bhadra District Hanumangarh.

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----Petitioner

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Versus

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State Of Rajasthan, Through Director, Medical And Health Services, Rajasthan, Jaipur.

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The Chief Medical And Health Officer, Hanumangarh.

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Block Chief Medical Officer, Bhadra District Hanumangarh. 4. Shri Balwan Poonia, Mla, Bhadra S/o Shri Chhotu Ram, Resident Of Village Malkhera, Tehsil Bhadra District Hanumangarh.

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----Respondents

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For Petitioner(s) : Mr. Yuvraj Singh For Respondent(s) : Ms. Vandana Bhansali, AGC

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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22/11/2023

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This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:

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“(i) The impugned order dated 15.06.2021 passed by respondent No.2 (Ann.6) and order dated 15.06.2021 passed by respondent no.3 (Ann.7) may kindly be declared illegal, arbitrary, unjust and malafide one and same may kindly be quashed and set aside.

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(ii) the respondents may kindly be directed to keep continue the petitioner at Sub Center Sardargadhiya, Block Bhadra District Hanumangarh.”

[2023:RJ-JD:40137]

[CW-8105/2021]

(2 of 2)

This Hon’ble Court had passed the following order on 29.06.2021, whereby the effect and operation of the order dated 15.06.2021 (Annexure-6) and the consequential relieving order of the same date (Annexure-7) were passed:

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“1. Mr. R.S. Choudhary, learned counsel for the petitioner submits that the petitioner has been placed under APO and relieved in furtherance thereof only under the instructions of respondent No.4 – MLA of Bhadra.

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Learned counsel argues that the impugned order suffers from malafide and arbitrary exercise of power.

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Matter requires consideration.

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Issue notice. Issue notice of stay application also, returnable within six weeks.

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Meanwhile effect and operation of the order dated 15.06.2021 (Annex.-6) and consequential relieving order of even date (Annex.-7) shall remain stayed.”

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Learned counsel for the parties jointly pray that the interim order be made absolute and a liberty be given to the respondents to pass fresh orders of transfer as per the administrative exigency.

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Accordingly, the present petition is disposed of while making the order dated 29.06.2021, passed by this Hon’ble Court, as absolute and liberty is given to the respondents to pass fresh orders of transfer as per the administrative exigency, strictly in accordance with law. All pending applications stand disposed of.

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(DR.PUSHPENDRA SINGH BHATI), J.

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196-Zeeshan

Sarita v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sarita v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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