HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 21567/2025 Bhoora Ram Khilery S/o Sh. Purkha Ram Khilery, Aged About 52 Years, Resident Of V.p. Ramsari, Degana Road, Tilanesh, Nagaur, Raj.

----Petitioner Versus

1. The State Of Rajasthan, Through The Principal Secretary, Home Department, Government Of Rajasthan, Secretariat, Jaipur.

2. Director General Of Police, Rajasthan, Jaipur.

3. Inspector General Of Police, Jodhpur Range, Jodhpur.

4. Superintendent Of Police, Jodhpur Rural.

5. Shri Nemi Chand, Women Crime Investigation Cell, District Ajmer Through The Superintendent Of Police, Ajmer, (Under Transfer)

----Respondents For Petitioner(s) : Mr. Surendra Singh For Respondent(s) : Mr. BL Bhati, AAG Mr. Deepak Chandak Mr. Raj Singh Bhati HON'BLE MR. JUSTICE FARJAND ALI

Order

06/11/2025

1. Heard learned counsel for the parties.

2. Shri B.L. Bhati, learned AAG, seeks some time to file a reply.

3. Heard on stay application.

4. The petitioner was serving as Circle Officer, Circle Bhopalgarh, District Jodhpur Rural and vide order dated 21.10.2025 (Annexure-6) he was kept under “Awaiting Posting Order”(APO) and directed to immediately mark his presence at Police Headquarter Jaipur, Rajasthan. Consequent thereto, vide order dated 24.10.2025 (Annexure-7), the petitioner was relieved from the post of Circle Officer, Bhopalgarh, District Jodhpur Rural and instructed to report at Police Headquarters, Jaipur.

5. The said orders were assailed before Coordinate Bench of this Court, and the Bench, vide order dated 29.10.2025, was pleased to stay the effect and operation of the orders dated 21.10.2025 and 24.10.2025. However, as a matter of fact, prior to the passing of the interim order, the petitioner had already reported before the Additional Director General of Police (Personnel), Rajasthan, Jaipur, and as per Annexure-9 dated 27.10.2025, had joined the said office.

6. Pursuant thereto, he was assigned duty to render his services during the Pushkar Mela at Pushkar, District Ajmer, under the control and supervision of the Police Headquarters, Jaipur, and continues to discharge his duties there till date.

7. Despite the subsistence of the interim protection granted by the Coordinate Bench of this Court vide order dated 29.10.2025, the stay order has apparently been rendered inconsequential in its effect, as the petitioner continues to remain under the administrative and functional control of the Police Headquarters, Jaipur, instead of being restored to his previous posting at Bhopalgarh, which would have been the natural consequence of honoring the stay order.

8. Subsequently, by order dated 01.11.2025 (Annexure-13), wherein the petitioner’s name appears at Serial No.50, he has been shown as transferred from “Bhopalgarh, District Jodhpur Rural” to “Mewar Bhil Core, Banswara”. The said recital erroneously records the petitioner’s “from place” as Bhopalgarh, District Jodhpur Rural, whereas, as per the respondents’ own showing, the petitioner’s present posting and working control lie with the Police Headquarters, Jaipur. Thus, the mention of “Bhopalgarh, District Jodhpur Rural” as the existing station in the transfer order dated 01.11.2025 is ex facie erroneous and contrary to the factual and administrative position obtaining on record.

9. Thus ,the plea of the petitioner that his present deployment is with the Police Headquarters, Jaipur, where he continues to work under the direct control of the Director General of Police, and that the description of his existing posting as “Circle Officer, Bhopalgarh” in Annexure-13 dated 01.11.2025 is merely perfunctory and incorrect, appears to carry substantial force.

10. Shri B.L. Bhati, learned AAG, is directed to satisfy this Court as to how the petitioner’s present posting can be shown as Circle Officer, Bhopalgarh, when admittedly he had been relieved from that post on 24.10.2025 and has since been functioning under the Police Headquarters, Jaipur.

11. List the matter on 12.11.2025.

12. Til