Rajasthan High Court - Jodhpur
Hardeep Singh vs State & Ors on 15 February, 2012
Author: Dinesh Maheshwari
Bench: Dinesh Maheshwari
S.B. CIVIL WRIT PETITION NO. 6889/2007.
Hardeep Singh Vs. State of Rajasthan & Ors.
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67 S.B. CIVIL WRIT PETITION NO. 6889/2007.
Hardeep Singh Vs. State of Rajasthan & Ors.
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Date of Order :: 22nd February 2012.
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr. R.S. Choudhary, for the petitioner.
Mr. I.S. Pareek, Government Counsel, for the respondents.
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BY THE COURT:
In this writ petition, the petitioner, who has been working on the post of Patwari, has questioned his transfer order as being violative of statutory provisions as held by the learned Single Judge of this Court in Inder Singh & Anr. Vs. State of Rajasthan : 2007 (1) RLW 737 and by the Division Bench of this Court in D.B. Civil Special Appeal No.871/2006 (Kishan Singh & Ors. Vs. State of Rajasthan) decided on 24.01.2007.
While entertaining this writ petition, this Court noticed the submissions made on behalf of the petitioner and ordered status quo to be maintained in relation to the posting of the petitioner as then existing. Such a position has hitherto continued.
With efflux of time, so far the impugned transfer order qua the present petitioner is concerned, the same could only be considered as redundant and having already lost its efficacy. It does not appear necessary to take up for S.B. CIVIL WRIT PETITION NO. 6889/2007.
Hardeep Singh Vs. State of Rajasthan & Ors. [ 2 ] adjudication any of the issues sought to be raised by the parties in this matter; and it appears in the fitness of things and in the interest of justice that the impugned order dated 31.07.2007 be annulled qua the present petitioner subject to the observations that annulment of this impugned order shall not be of any prejudice to either of the parties. In other words, the respondents shall be free to pass the fresh appropriate transfer/posting orders regarding the petitioner in case so necessary, but strictly in accordance with law and in that relation too, it shall be open for all the concerned to take recourse to the appropriate remedies in accordance with law.
The writ petition is partly allowed to the extent and in the manner indicated above. No costs.
(DINESH MAHESHWARI), J.
/Mohan/