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ARUN MONGA
Kishan Lal Suthar – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
Mr. Arun Monga, J. - Aggrieved against the impugned order dated 22.02.2024, vide which petitioner has been transferred from Patwar Mandal Thamla Tehsil Ghasa to Patwar Mandal Boyna Tehsil Mavli against vacant position, he has filed the present writ petition.
2. Learned counsel for the petitioner, inter alia, contends that impugned transfer order has been passed in violation of the transfer policy and Rule 9 and Rule 412 of the Rajasthan Land Revenue (Land Records) Rules, 1957. He submits that the petitioner has been transferred before expiry of two years, which is in contravention to the circular as issued by the State Government, which provides that a Patwari cannot ordinarily be transferred before a period of two years from one place of posting.
3. Learned counsel for the petitioner relies on judgments rendered in Rajpal Singh v. State of Rajasthan & Ors. : S.B. Civil Writ Petition No.544/2021, decided on 18.03.2021 and Inder Singh v. State of Rajasthan & Ors.: reported in (2007) 1 RLW (Raj.) 737.
4. Per contra, my attention has been drawn to a judgment rendered by a Coordinate Bench of this Court in Dal Chand Jat v. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No
The main legal point established in the judgment is that the transfer of Patwaris is an exception and cannot be made as a routine. The court emphasized the importance of Rule 9 and Rule 412, which di....
Transfers of Patwaris must comply with specific legal provisions that require justification based on efficiency or vacancy filling, and cannot be made arbitrarily or as a punitive measure.
A transfer order for a Patwari must specify the place of posting to comply with procedural requirements, ensuring the competent authority's application of mind.
A transfer order for a Patwari must specify the place of posting to demonstrate the competent authority's consideration of efficiency and vacant positions, as mandated by Rule 9 of the Rules of 1957.
Transfers of Patwaris must comply with procedural requirements, including the necessity of a formal satisfaction note by the competent authority.
The main legal point established in the judgment is that the power to transfer a Patwari is vested in the Collector and the Board of Revenue, and inter-division transfers can only be made upon the Pa....
Transfers of Patwaris must comply with the authority and procedures established in the Rajasthan Land Revenue (Land Records) Rules, 1957.
The court affirmed that transfer orders for government employees are generally not subject to judicial interference unless proven to be arbitrary or in violation of statutory rules.
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