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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Bhoora Ram Khilery, S/o Sh. Purkha Ram Khilery – Appellant
Versus
State Of Rajasthan, Through The Principal Secretary, Home Department, Government Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. legality of awaiting posting order (apo) (Para 1 , 2) |
| 2. interim stays and compliance with court orders (Para 3 , 4 , 5) |
| 3. errors in the issuance of transfer orders (Para 6 , 7 , 8) |
| 4. importance of adhering to judicial orders (Para 9 , 10 , 11 , 12) |
| 5. judicial review of administrative transfers (Para 13 , 14) |
| 6. setting aside unlawful orders and administrative liberty (Para 15 , 16) |
| 7. administrative clarity and timely completion of orders (Para 17 , 18) |
ORDER :
FARJAND ALI, J.
Facts and Grievance of S.B. Civil Writ Petition No. 21085/2025-
1. By way of filing this writ petition under Article 226 of the Constitution of India, read with Articles 14, 19 and 21, the petitioner has assailed the legality, validity and propriety of the impugned order dated 21.10.2025 passed by respondent No.2, whereby the petitioner has been placed under ‘Awaiting Posting Order (A.P.O.)’ and his headquarters have been fixed at Police Headquarters, Jaipur. The petitioner submits that the impugned action, in the backdrop of the applicable provisions of the Rajasthan Service Rules, is arbitrary and unsustainable, being contrary to the principles of natural justice, equity and fair play.
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.
The court emphasized that transfer orders should not be interfered with unless they are shown to be vitiated by malafide or made in violation of any statutory provision or issued by an incompetent pe....
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....
Administrative transfers are within the authority's discretion, and employees have no vested right to remain posted at a specific location. The court emphasized that administrative transfers are esse....
The main legal point established in the judgment is that the transfer of a government employee should be made in public interest and for administrative reasons, and frequent transfers without justifi....
The main legal point established in the judgment is the authority of the Police Radio Establishment Board to consider and approve transfer orders for subordinate officers of the Police Radio Establis....
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
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