Satyendra Singh Rathore S/o Shri Atmaramji Rathore Vs State of Rajasthan

RAJASTHAN HIGH COURT 27 Jan 2017 820 of 2016 (2017) 01 RAJ CK 0064
Bench: DIVISION BENCH
Result Published

Judgement Snapshot

Case Number

820 of 2016

Hon'ble Bench

Gopal Krishan Vyas, Kailash Chandra Sharma

Advocates

Rajesh Shah, Rajesh Panwar

Final Decision

Disposed

Judgement Text

Translate:

1. The instant special appeal has been filed by the appellant against the judgment dated 08.09.2016, passed by learned Single Judge in S.B. Civil Writ Petition No.8741/2016.

2. The learned Single Judge while dismissing the aforesaid writ petition observed that transfer is an incident of service and the employer has right to transfer its employee on account of administrative exigency. We are also of the same view.

3. After hearing learned counsel for the appellant as well as learned Addl. Advocate General, we have perused the interim order dated 11.11.2016, passed in the instant appeal.

4. After perusing the aforesaid order, without interfering in the judgment impugned, we deem it appropriate to dispose of this appeal while granting liberty to the appellant to file representation against impugned transfer order before the competent authority and raise all the grounds before it within a period of 15 days after receiving certified copy of this order. Upon receiving such representation, the competent authority shall decide the same within a period of one month thereafter. In the meantime, the order dated 11.11.2016 shall remain in currency. If salary of the appellant-petitioner is due, the same shall be paid within a period of one month from the receipt of copy of this order. The special appeal is hereby disposed of in above terms.

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