Order

24/09/2024

Learned counsel for the petitioner submits that the controversy involved in the present case is squarely covered by a judgment passed by this court in S.B.Civil Writ Petition No.10490/2024 (Dr. Mahesh Kumar Panwar V/s State of Raj. & Ors.) decided on 09.09.2024 in the following terms:-

“It is true that the authority to transfer and pass ‘awaiting posting order’ squarely lies within the domain of the State Government but then the State Government is required to pass the same taking into consideration the guidelines as well as the orders issued imposing ban. Even during the ban period, the transfer orders/awaiting posting orders can be passed keeping in mind the urgency of the situation and after taking the appropriate clearance from the office of Hon’ble Chief Minister. The larger public interest and administrative exigency is hallmark which has to be kept in mind while passing the transfer/awaiting posting order. In the present case, the awaiting posting order has been passed during the currency of the ban imposed by