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2025 Supreme(Raj) 2403

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI, J.
Bhoora Ram Khilery, S/o Sh. Purkha Ram Khilery - Petitioner
Versus
The State Of Rajasthan, Through The Principal Secretary, Home Department, Government Of Rajasthan - Respondent
S.B. Civil Writ Petition No. 21567 of 2025, S.B. Civil Writ Petition No. 21085 of 2025
Decided On : 24-11-2025

Advocates Appeared:
For the Petitioner: Mr. SS Choudhary, Ms. Vrinda Bhardwaj, Mr. Harish Purohit
For the Respondent: Mr. BL Bhati, Aag, Mr. Deepak Chandak, Mr. Divik Mathur

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.

Headnote:(A) Constitution of India - Articles 14, 19 and 21 - Rajasthan Civil Services Rules, 1951 - Legality of Awaiting Posting Order (A.P.O.) and Transfer - The petitioner challenged the legality of placement under A.P.O., asserting violation of service rules and due process (Paras 1-2).

(B) Natural Justice and Administrative Fairness - The orders issued were arbitrary, lacking justification and failing to comply with judicial orders previously granted, reflecting a disregard for rule of law (Paras 9-14).

(C) Proper Legal Framework - The court emphasized adherence to judicial orders and statutory norms when conducting administrative actions regarding transfers and postings (Paras 13-14).

Facts of the case:
The petitioner filed a writ petition against A.P.O. and transfer orders issued without justification and contrary to established rules, maintaining that these were punitive actions devoid of proper inquiry (Paras 1-2).

Findings of Court:
The court found the issued orders to be unsustainable, ordering that the petitioner be reinstated to his prior position (Paras 15-16).

Issues: The main questions pertained to the legitimacy of the A.P.O. and transfers without due process and adherence to previous court orders (Paras 4-5).

Ratio Decidendi: The court held that administrative decisions must respect existing judicial directions and not proceed on incorrect assumptions, requiring all orders to comply with lawful procedures (Paras 13-14).

Result: The writ petitions were allowed, setting aside the impugned orders regarding the petitioner.

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.

2. The brief facts of present case is that the petitioner, has filed the present writ petition being aggrieved by the impugned order dated 21.10.2025 passed by respondent No.2 – Director General of Police, Rajasthan, Jaipur, whereby the petitioner has been placed under Awaiting Posting Order (APO) with his headquarter fixed at Police Headquarters, Jaipur; that the petitioner, while serving as Dy. Superintendent of Police, Women Crime Investigation Cell, Bikaner, was transferred vide order dated 07.10.2024 to discharge duties as Circle Officer, Bhopalgarh, District Jodhpur Rural, where he duly joined on 14.10.2024; that subsequently, certain villagers submitted a complaint dated 17.10.2024 against one Hemant Sharma alleging caste- based slurs on social media capable of provoking riots, which the petitioner forwarded to the S.H.O., P.S. Bhopalgarh for necessary inquiry and legal action; that upon enquiry, the S.H.O. found that Hemant Sharma, an influential person, had uploaded objectionable messages and had threatened the police, leading to initiation of proceedings under Sections 126 and 170 BNSS , 2023 and his custody for maintaining peace; that despite absence of any complaint, departmental inquiry or disciplinary proceedings against the petitioner, respondent No.2 issued the APO order dated 21.10.2025 fixing his headquarter at Jaipur, followed by the relieving order dated 24.10.2025 issued by respondent No.4; that the petitioner asserts that the impugned order is unsupported by any legally sustainable reason and appears to have been issued only to remove him from Bhopalgarh Circle, amounting to a punitive action without fault, contrary to Rule 25-A of the RAJASTHAN CIVIL SERVICES RULES , 1951, which mandates fulfilment of specific conditions prior to issuance of an APO order; that the petitioner relies upon the judgment of this Court in S.B. Civil Writ Petition No.10490/2024, Dr. Mahesh Kumar Panwar vs. State of Rajasthan & Ors., wherein vide order dated 09.09.2024, the Court examined the legal framework governing APO orders; and that the petitioner contends that the impugned action, being bereft of reasons and dehors statutory requirements, is illegal and unsustainable, compelling the petitioner to approach this Court for appropriate relief.

Facts and Grievance of S.B. Civil Writ Petition No. 21567/2025-

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 impugned order dated 01.11.2025 passed by respondent No.2, whereby the petitioner has been transferred from Bhopalgarh to the post of Assistant Commandant, Mewar Bheel Core, Banswara, alleging that the said action is arbitrary, violative of the Rajasthan Service Rules, and contrary to the settled principles

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