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[2026:RJ-JD:21344]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 6162/2026

Dr. Girish Bhabhor S/o Late Shri Rajesh Bhabhor, Aged About 33

Years, Resident Of Village Jhiklee, Tehsil Kushalgarh, District

Banswara.

----Petitioner

Versus

1. State Of Rajasthan, Through Its Secretary, Medical And

Health Department, Govt. Of Rajasthan, Secretariat,

Jaipur (Rajasthan).

2. Deputy Secretary, Medical And Health, Group II and

Panchayati Raj (Medical) Department, Govt. Of Rajasthan,

Secretariat, Jaipur, Rajasthan.

3. Director, Medical & Health Department Rajasthan, Jaipur.

4. Chief Medical And Health Officer, Banswara.

----Respondents

For Petitioner(s) : Mr. Narpat Singh Rajpurohit

For Respondent(s) : Mr. Tanuj Jain for

Mr. Mukesh Dave, AGC.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

05/05/2026

By way of filing the present writ petition under Article 226 of

the Constitution of India, the petitioner has prayed for the

following reliefs:

“It is therefore prayed that this writ petition may kindly be

allowed and by appropriate writ, order or directions the following

order may be passed:

1) That the transfer order dated 15.01.2025 (Annx-1) and the

order dated 20.02.2026 (Annx-7) and reliving order dated

24.02.2026 (Annx-8) and the order passed by the Learned

Tribunal dated 10.03.2026 (Annex-10) may kindly be quashed and

set aside.

2) That the respondents may be directed to allow the petitioner to

work as Block Chief Medical Officer, Kushalgarh, Banswara with

regular salary consequential benefits. And

3) Any other relief which this Hon'ble court may deem fit in favor

of the petitioner may also be awarded to the petitioner. ....”

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2. Having heard learned counsel for the parties and having

perused the material available on record, this Court finds that the

petitioner, who was holding the post of BCMO, Kushalgarh,

Banswara, vide order dated 15.01.2025 issued by the

respondents, was transferred to CHC Sabla, District Dungarpur.

The validity of the transfer order dated 15.01.2025 was challenged

by the petitioner by way of filing an appeal before the Rajasthan

Civil Services Appellate Tribunal (learned RAT). The learned RAT

initially, vide order dated 20.02.2025, stayed the effect and

operation of the transfer order dated 15.01.2025 and, considering

the health condition of the petitioner, directed the respondent

authorities to decide the representation of the petitioner by a

speaking order.

3. The competent authority of the respondent department, after a

lapse of one year, vide order dated 20.02.2026, rejected the

representation of the petitioner, and the petitioner was relieved

from the post held by him on 24.02.2026.

4. The validity and correctness of the order dated 20.02.2026

were again challenged by the petitioner before the learned RAT.

The learned RAT, vide order dated 10.03.2026, rejected Appeal

No. 331/2026 filed by the petitioner.

5. The orders dated 20.02.2026 and 24.02.2026 passed by the

respondents, and the order dated 10.03.2026 passed by the

learned RAT in Appeal No. 331/2026 titled as ‘Dr. Girish Bhabhor

v. State & Ors.’, have been challenged before this Court in the

present writ petition.

6. This Court, on 19.03.2026, while issuing notices to the

respondents, was pleased to stay the effect and operation of the

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order dated 20.02.2026 and the relieving order dated 24.02.2026.

This Court finds that in view of the aforementioned facts, the

transfer order dated 15.01.2025, transferring the petitioner from

the post of BCMO, Kushalgarh, Banswara to CHC Sabla, Dungarpur

could not be given effect to for more than one year and five

months.

7. In the opinion of this Court, the administrative exigency which

might have warranted the transfer of the petitioner from one place

to another does not survive after a significant