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DINESH MEHTA
Manoj Kumar Jain – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. The present writ petition has been preferred against the order dated 12.08.2021 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter referred to as "the Tribunal") in appeal filed by the petitioner being appeal No.1331/2021.
2. The facts briefly stated are, that the respondents issued an order dated 31.12.2020 whereby the petitioner was transferred from Rajkiya Varishth Upadhyaya, Sanskrit Vidhyalaya, Galod, Peeplu, Tonk to Rajkiya Varishth Upadhyaya, Sanskrit Vidhyalaya, Goliya, Jaitmal, Barmer.
3. The petitioner challenged said order by way of an appeal under the provisions of Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 (hereinafter referred to as "the Act of 1976").
4. When petitioner's appeal came up for consideration before the Tribunal on 24.02.2021, the Tribunal was pleased to grant interim order in petitioner's favour while issuing notices and stayed the effect and operation of the order dated 24.12.2020 (sic) and relieving order dated 09.02.2021.
5. While issuing the notices, the Tribunal had directed the petitioner to take out 'dasti' notices for service. It is the case of the petitioner that due to some unavoidab
The Tribunal must adjudicate appeals on their merits and cannot defer decisions by directing parties to file representations.
The necessity for quasi-judicial bodies to provide reasons for their decisions and ensure fair hearing is essential to uphold the principles of natural justice.
Government servants have no vested right to remain posted at a particular place, and interference with transfer orders should be limited to cases of mala fides or violation of specific provisions.
Court upheld the principle that employees in government service do not have an inherent right to remain in a specific location, allowing for administrative transfers.
Transfer orders affecting educators mid-academic year violate principles of good governance and arbitrariness, warranting judicial intervention.
The Court upheld the need to maintain status quo on a transfer order pending the Tribunal's examination, ensuring the petitioner's rights are preserved until a decision is made.
The importance of the final decision being made by the Central Administrative Tribunal without being influenced by any observation made in the contempt proceedings.
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