The Tribunal must adjudicate appeals on their merits and cannot defer decisions by directing parties to file representations.

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 unavoidable circumstances, counsel for the petitioner could not take out 'dasti' notices.

6. The respondent-Director, however issued an order dated 29.07.2021 and directed the petitioner to join at the transferred place (Rajkiya Varishth Upadhyaya, Sanskrit Vidhyalaya, Goliya, Jaitmal, Barmer) as according to him due to petitioner's/counsel's failure to serve the notices, the interim order had came to an end.

7. Being faced with such a situation, the petitioner moved second stay application before the Tribunal on 05.08.2021, inter alia, stating that petitioner's clerk was quarantined on account of Covid-19, hence, the petitioner could not collect 'dasti' notices. It was prayed that the effect and operation of the subsequent order dated 29.07.2021, issued by the Director be stayed.

8. The Tribunal took up the second stay application filed by the petitioner and instead of passing orders as prayed by the petitioner or deciding the appeal on merit, directed the petitioner to file a representation within a period of 15 days with a simultaneous direction to the respondents to pass speaking order in furtherance of the representation if filed by the petitioner.

9. Mr. Mathur, learned counsel for the petitioner challenging the order dated 12.08.2021 passed by the Tribunal argued that the Tribunal was not justified in directing the petitioner to file a representation instead of deciding the appeal on merit.

10. Inviting Court's attention towards the interim order that was passed by the Tribunal, learned counsel argued that the Tribunal had found a prima facie case and considering the question of law involved, had granted interim order in petitioner's favour. According to him the interim order purportedly came to an end, on account of petitioner's failure to take out 'dasti' notices and thus, it was required of the Tribunal to have considered petitioner's second stay application and revive/restore the interim order dated 24.02.2021.

11. Learned counsel argued that the Tribunal should have issued fresh notices and given it to the petitioner for effecting service on the respondents, and till the service of the notice the interim order dated 24.02.2021 should have been continued.

12. Mr. Gaur, learned AAG for the respondent-State submitted that the transfer order dated 31.12.2020, issued by the respondents was in administrative exigency and the same was passed in furtherance of the directions given by the Division Bench of this Court in DBCWP NO. 1278/2020.

13. He argued that in any case, since the Tribunal has passed an order of submitting representation, it was required of the petitioner to submit the representation, which he has not chosen to do and hence, the petitioner cannot claim indulgence by this Court.14. Having heard learned counsel for the parties and perused the recor