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2024 Supreme(Raj) 113
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Anil Kumari W/o Shri Yogender Singh – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Civil Writ Petition No. 13507 OF 2022, S.B. Civil Writ Petition No. 10436 of 2022, S.B. Civil Writ Petition No. 10468 of 2022, S.B. Civil Writ Petition No. 10542 of 2022, S.B. Civil Writ Petition No. 10547 of 2022, S.B. Civil Writ Petition No. 10551 of 2022, S.B. Civil Writ Petition No. 10563 of 2022, S.B. Civil Writ Petition No. 10807 of 2022, S.B. Civil Writ Petition No. 12507 of 2022
Decided on : 25-01-2024
Advocate Appeared:
For the Appellant : Mr. Vikas Bijarnia, Mr. Rohit Kaswan, Mr. Adu Ram Jat, Mr. Jav Naveen
For the Respondent: Ms. Vandana Bhansali, AGC
IMPORTANT POINT
The court has the authority to make interim orders absolute and allows respondents to pass fresh orders in case of administrative exigency, with the liberty to transfer the petitioners in accordance with the law.
Headnote:
Article 226 - Writ Petition Challenging Impugned Orders - - The court disposed of multiple writ petitions challenging impugned orders by making interim orders absolute and allowing respondents to pass fresh orders in case of administrative exigency. The court emphasized that respondents have the liberty to pass fresh orders and transfer the petitioners in accordance with the law.
Fact of the Case:
The petitioners filed writ petitions under Article 226 of the Constitution of India challenging impugned orders passed by the respondents. Interim orders were granted against the impugned orders, and the petitioners sought to make these interim orders absolute.
Finding of the Court:
The court disposed of the petitions by making the interim orders absolute and allowing the respondents to pass fresh orders in case of administrative exigency. The court emphasized that the respondents have the liberty to pass fresh orders and transfer the petitioners in accordance with the law.
Issues: Challenging impugned orders, making interim orders absolute, administrative exigency, liberty of respondents to pass fresh orders, transfer of petitioners.
Ratio Decidendi: The court can make interim orders absolute and allow respondents to pass fresh orders in case of administrative exigency. Respondents have the liberty to transfer the petitioners in accordance with the law.
Final Decision: The court disposed of the petitions by making the interim orders absolute and allowing the respondents to pass fresh orders in case of administrative exigency. The respondents have the liberty to transfer the petitioners in accordance with the law.
ORDER :
In S.B. Civil Writ Petition No. 13507/2022 :-
1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner challenging the impugned order dated 02.09.2022 (Annexure-2) passed by the respondents.
2. The interim order against the impugned order dated 02.09.2022 is operating since 15.09.2022.
3. Learned counsel for the parties jointly submit that interim order granted against the order dated 02.09.2022 be made absolute and the respondents may be given liberty to pass fresh order in administrative exigency in case required.
4. On such submission, the present petition is disposed of while making the interim order dated 15.09.2022 passed by this Court directing the respondents not to relieve the petitioner in pursuance of the order dated 02.09.2022 as absolute. It is made clear that the respondents shall be at liberty to pass fresh order and transfer the petitioner, in accordance with law, obviously, if administrative exigency so warrants.
5. All pending applications also stand disposed of.
In S.B. Civil Writ Petition No. 10436/2022:-
1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner challenging the impugned order dated 18.07.2022 (Annexure-2) passed by the respondents.
2. The interim order against the impugned order dated 18.07.2022 is operating since 26.07.2022.
3. Learned counsel for the parties jointly submit that interim order granted against the order dated 18.07.2022 be made absolute and the respondents may be given liberty to pass fresh order in administrative exigency in case required.
4. On such submission, the present petition is disposed of while making the interim order dated 26.07.2022 passed by this Court directing the respondents not to relieve the petitioner in pursuance of the order dated 18.07.2022 as absolute. It is made clear that the respondents shall be at liberty to pass fresh order and transfer the petitioner, in accordance with law, obviously, if administrative exigency so warrants.
5. All pending applications also stand disposed of.
In S.B. Civil Writ Petition No. 10468/2022:-
1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner challenging the impugned order dated 18.07.2022 (Annexure-2) passed by the respondents.
2. The interim order against the impugned order dated 18.07.2022 is operating since 26.07.2022.
3. Learned counsel for the parties jointly submit that interim order granted against the order dated 18.07.2022 be made absolute and the respondents may be given liberty to pass fresh order in administrative exigency in case required.
4. On such submission, the present petition is disposed of while making the interim order dated 26.07.2022 passed by this Court staying the effect and operation of the order dated 18.07.2022 qua the respondent no.5 and 20.07.2022 as absolute. It is made clear that the respondents shall be at liberty to pass fresh order and transfer the petitioner, in accordance with law, obviously, if administrative exigency so warrants.
5. All pending applications also stand disposed of.
In S.B. Civil Writ Petition No. 10542/2022 :-
1. This writ petition under Article 226 of the Constitution of India has been preferred by the petitioner challenging the impugned order dated 18.07.2022 (Annexure-2) passed by the respondents.
2. The interim order against the impugned order dated 18.07.2022 is operating since 26.07.2022.
3. Learned counsel for the parties jointly submit that interim order granted against the order dated 18.07.2022 be made absolute and the respondents may be given liberty to pass fresh order in administrative exigency in case required.
4. On such submission, the present petition is disposed of while making the interim order dated 26.07.2022 passed by this Court directing the respondents not to relieve the petitioner in pursuance of the order dated 18.07.2022 as absolute. It is made clear that the respondents shall be at liberty to pass fr
