D.B. Civil Special Appeal (Writ) No. 648/2014. Case: Gajendra Singh Nain Vs State of Rajasthan & Ors.. Rajasthan High Court
| Case Number | D.B. Civil Special Appeal (Writ) No. 648/2014 |
| Counsel | For Appellant: Mr. K.R. Saharan, Adv. and For Respondents: Mr. Mukesh Rajpurohit, Adv. |
| Judges | Amitava Roy, C.J. and Vijay Bishnoi, J. |
| Issue | Service Law |
| Judgement Date | May 07, 2014 |
| Court | Rajasthan High Court |
Judgment:
Vijay Bishnoi, J.
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The respondent No. 5 Baldeo Singh Suda, who was working as Tehsildar Kolayat, District Bikaner was transferred on the post of Tehsildar Lohawat vide order dated 1.3.20014 along with 143 Tehsildars by the Board of Revenue, Ajmer. The respondent No. 5 challenged his transfer by way of an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur (hereinafter referred to as 'the Tribunal'). On 12.3.2014, the Tribunal, while admitting the appeal, has stayed the execution of the transfer order dated 1.3.2014 qua the respondent No. 5 while observing that if the respondent No. 5 has not joined the duties pursuant to the said transfer order, the execution of the same shall be stayed qua the respondent No. 5 till further orders. However, while passing the said interim order, the Tribunal had clarified that if the competent authority issues any order for paying travelling allowances to the respondent No. 5, the said interim order shall come to an end automatically. Being aggrieved with the clarification made by the Tribunal in the order dated 12.3.2014 of automatic vacation of interim order on paying of travelling allowance, the respondent No. 5 preferred the writ petition before this Court, which came to be disposed of by learned Single Judge vide order dated April 16, 2014 without calling upon the respondents. In the said order dated April 16, 2014, the learned Single Judge has observed as under:-
In the opinion of this Court, at the time of hearing appeal against the transfer order at admission stage by the Tribunal, if Tribunal feels that there is ground for granting interim order and granting interim order, then obviously matter is to be decided finally after hearing both the parties upon the grounds taken in the appeal, therefore, ordinarily the Tribunal should not grant any liberty to the respondents not to comply the directions of the Tribunal on payment of TA & DA but in this case, such liberty has been granted, therefore, the Tribunal is directed to decide the appeal itself within a period of two months from the date of receiving certified copy of this order and in the meantime, the petitioner shall not be disturbed from the place of posting till decision of the appeal by the Tribunal.
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Being aggrieved with the said directions, the appellant, who has been transferred as Tehsildar Kolayat, has preferred this appeal while contending that the said order has been passed by the learned Single Judge...
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