Back
REKHA BORANA
Girdhari Lal – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Rekha Borana, J. - The present writ petition has been filed against the order dated 03.08.2022 (Annex.-2) whereby the petitioner has been transferred/posted from CMHO Sri Ganganagar to the District Hospital Sri Ganganagar.
2. It has been averred in the petition that firstly, the order of transfer is in contravention to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (hereinafter referred to as 'Rules of 2011'). Secondly, the impugned order does not even specify the designation of the petitioner at the place where he has been transferred. Thirdly, the petitioner was a Senior Medical Officer working as a CMHO and now he has been sought to be transferred as a Medical Officer which evidently is a designation junior to a Senior Medical Officer.
3. Learned counsel for the petitioner relied upon the judgment passed in the case of Hira Lal Tabiyar v. The State of Rajasthan & Ors.; S.B. Civil Writ Petition No. 10796/2022, decided on 27.09.2022.
4. Per contra, learned counsel for the respondents relied upon the judgment passed in the case of Dr. Banwari Lal Meena v. State of Rajasthan & Ors.; S.B. Civil Writ Petition No. 11404/2022, decided on 10.10.2022. Lea
The essential qualifications for a designation and the applicability of previous judgments in similar cases.
Rule 8(ii) seeks to ratify transfers affected, that too cannot be done – an act which is void ab-initio cannot be ratified and that too by authority which has usurped powers.
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
The court emphasized that compliance with transfer rules is mandatory, allowing ex-post facto consent to validate transfer orders while highlighting the need for humane considerations in administrati....
Transfers must not violate policy safeguards and cannot undermine an individual's professional status under arbitrary conditions.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
