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VINIT KUMAR MATHUR
Farooq Maniyar S/o Sh. Nijamuddin Maniyar – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by the judgment rendered by this Court on 09.09.2024 in the case of Dr. Mahesh Kumar Panwar Vs. State of Rajasthan and Ors. in S.B. Civil Writ Petition No.10490/2024. The operative part of the said judgment reads as under:-
For brevity, the order dated 04.01.2023 imposing ban is
The awaiting posting order cannot be issued without urgency and proper permissions, violating established rules.
Awaiting posting orders must comply with transfer bans and require proper justification and permissions to be valid.
Transfer without specific assignment contravenes defined statutory procedures, establishing an Awaiting Posting Order lacking necessary compliance.
Awaiting Posting Orders (APO) cannot be used as punitive measures or substitutes for disciplinary action; explicit reasons must be provided for such administrative decisions.
The main legal point established in the judgment is the importance of following the transfer policy and statutory provisions in making transfer decisions, and the binding nature of policies framed by....
Indefinitely placing a public servant under Awaiting Posting Orders without statutory basis violates service law principles and fairness in governance.
Administrative decisions affecting service positions must adhere strictly to the principles of natural justice, comply with existing judicial orders, and be founded on lawful premises.
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
A government servant holding a transferable post has no vested right to remain posted at one place and is liable to be transferred from one place to another, and the court should not interfere with a....
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