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2025 Supreme(RAJ) 953
HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE SAMEER JAIN, J
GIRDHARI LAL GUPTA S/O SHRI BABU LAL GUPTA – Appellant
Versus
JAIPUR VIDYUT VITRAN NIGAM LIMITED – Respondent
CW / 1707 / 2025
Important Points
Subject
Employment Law - Transfer of Employees
Headnote
(B) Representation - The court allowed the petitioner to file a representation regarding grievances within three days, directing the competent authority to decide it within a fortnight. (Paras 2-3)
(C) Stay of proceedings - The court ordered that the effect and operation of the transfer order and any disciplinary proceedings remain in abeyance until the representation is adjudicated. (Paras 5-6)
Facts of the case:
The petitioner, facing a transfer from Bharatpur to Chomu, raised concerns about the timing related to personal circumstances and alleged bias.
Findings of Court:
The court emphasized the need for administrative efficiency while allowing the petitioner to seek redress through representation.
Issues: The main issues included the validity of the transfer order and the impact on the petitioner's personal life.
Ratio Decidendi: The court ruled that while transfers are subject to administrative discretion, the petitioner must be afforded an opportunity to voice grievances.
Result: Petition disposed of, with directions for representation.
Mr. Shobit Tiwari, Mr. Sandeep Singh Shekhawat
Judgment :
1. Learned counsel for the petitioner has filed the present petition challenging the transfer order dated 15.01.2025, passed qua a number of employees. It is further submitted that vide impugned transfer order the petitioner is transferred from Bharatpur to Chomu (230 Kms. away). Learned counsel has assailed the said transfer order on the following grounds:-
(i) That the petitioner shall be superannuated in the month of June, 2026.
(ii) That the name of the petitioner is included in the impugned transfer order merely to accommodate the private respondent and is instigated by the M/s RC Power Projects.
(iii) That due to the said transfer order passed, the petitioner is facing undue hardship and difficulty as the wedding of the petitioner's son is on 18.02.2025 and its preparation is at full swing.
2. However, learned counsel for the petitioner has made a limited prayer that the a liberty may be given to file a representation before the competent authority/respondents within a period of three days and the same be decided thereafter. Additionally, it is prayed that till adjudication of the said representation the effect and operation for the impugned transfer order be kept in abeyance qua the petitioner and no disciplinary proceedings be initiated accordingly.
3. Considering the facts of the case, history of posting of the petitioner and the fact that the said transfer order was passed considering the administrative exigencies, this Court taking note of the limited prayer made by petitioner today, grants liberty to the petitioner to file a representation before the respondents/competent authority raising his grievances within a period of three days. The respondents are directed to adjudicate the said representation within a period of fortnight from the date of filing of the same.
4. Additionally, the petitioner will be at liberty to avail the leaves available as per the governing statute.
5. Withal, it is directed that till the final adjudication of the representation, the effect and operation of the transfer order dated 15.01.2025 and the disciplinary proceedings initiated thereafter shall remain in abeyance.
6. In view of above, the present petition stands disposed of.
Stay application, if any, also stands disposed of.
