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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
RAHUL KUMAR – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
Order :
1. Petitioner herein seeks quashing of the order dated 23.12.2024 (Annex.2), vide which he was transferred from Chittorgarh to Salumber (out of district) and order dated 30.12.2024 (Annex.-3), vide which he was relieved pursuant to his transfer order.
2. Heard.
3. A perusal of the official documents appended with the writ petition reflects that the petitioner, concededly serving as Constable(GD), was transferred from one district to another. Being so, on the face of it, the same is in violation of the Rule 26 of the Rajasthan Police Subordinate Service Rules , 1989, which reads as under:-
“Eligibility for Promotion- (1) Except in the case of specialized/technical post to be specified from time to time by the Director General-cum-Inspector General of Police, the persons enumerated in column 5 of Section I, II and IV of the Schedule-I holding substantive rank, shall be eligible in the case of Constable on District/Unit, Battalion basis, Head Constable / Assistant Sub-Inspector on District basis, and posts specified in column-2, of the Schedule-I subject to their possessing such minimum qualification and experience as are specified in Column 6 of the Schedule-I.
Provided that for
Transfers of police personnel must comply with district-wise seniority regulations as per Rule 26 of the Rajasthan Police Subordinate Service Rules.
Act of 2007 is a citizen centric Act, whereas Rules of 1989, promulgated in exercise of powers under Article 309 of Constitution of India, are substantive provisions dealing with service conditions o....
Transfer of government employees is an essential condition of service and should not be interfered with unless mala fide or in violation of statutory provisions.
Transfers of employees under the Railway Protection Force Rules are valid if made by competent authority and justified by public interest, even during ongoing disciplinary proceedings.
The authority of the District Establishment Committee to make transfer decisions and the jurisdiction of the Chief Executive Officer of the Zila Parishad to pass transfer orders.
The court upheld the legality of transferring a Junior Assistant between Municipalities under the Rajasthan Municipalities Act, 2009, affirming that seniority concerns can be remedied administrativel....
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