Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
ELIK VASUNIYA – Appellant
Versus
BOARD OF REVENUE – Respondent
| Table of Content |
|---|
| 1. importance of procedural compliance (Para 7) |
Order :
2. The petitioner has been transferred without the necessary procedural steps being followed, particularly the failure of the District Collector to record a formal satisfaction for the transfer as required under Rule 9 and 412 of the Rules of 1957.
4. First and foremost, my attention has also been drawn to Rule 9 and 412 of the Rajasthan Land Revenue (Land Records) Rules, 1957. The same being apposite and self speaking, read as under:-
(i) The Collector may transfer a Patwari from one circle or tehsil to another in his own district: but no transfer of a Patwari from one district to another shall be made without the sanction of the Member, Land Records, Board of Revenue. Transfers from one Division to Another will be sanctioned by the Board of Revenue. The Sub-Divisional Officers are also empowered to transfer a Patwari from one circle to another in the same tehsil or to another tehsil in their sub-division on sufficient grounds.
(ia) The Sub-Divisional Officer may transfer a Patwari anywhere within the Sub-Division and the Collector may transfer a Patwari anywhere within the District:
(ib) The Divisional Commissioner
Transfers of Patwaris must comply with procedural requirements, including the necessity of a formal satisfaction note by the competent authority.
Transfers of Patwaris can occur for administrative exigency, and guidelines regarding tenure are not absolute restrictions.
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....
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
