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REKHA BORANA
Elik Vasuniya – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Rekha Borana, J.
1. Learned counsel for the petitioner submitted that vide impugned order dated 22.02.2024, the petitioner, who is working as a Patwari, has been sought to be transferred from Patwar Mandal Tanda Mangla, Tehsil Sajjangarh, District Banswara to District Dungarpur without specifying the exact place of posting/Patwar Mandal. Learned counsel submits that the same is even otherwise, in contravention to Rule 9 of the Rajasthan Land Revenue (Land Records) Rules, 1957 (hereinafter referred to as 'the Rules of 1957').
In support of his submissions, learned counsel relied upon the judgment passed by the Co-ordinate Bench of this Court in Rajpal Singh v. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 544/2021 (decided on 18.03.2021).
2. Per contra, learned counsel for the respondents submitted that the Collector is very well empowered to pass appropriate order regarding place of posting after the transfer order having been passed by the Board of Revenue. Hence, even if the order impugned does not mention the specific place of posting, it can be taken care of by the Collector.
3. Heard the counsels. Perused the order impugned.
4. A perusal of the order impugned da
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 specific legal provisions that require justification based on efficiency or vacancy filling, and cannot be made arbitrarily or as a punitive measure.
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 procedural requirements, including the necessity of a formal satisfaction note by the competent authority.
Transfers of Patwaris must comply with the authority and procedures established in the Rajasthan Land Revenue (Land Records) Rules, 1957.
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....
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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