Rajasthan High Court - Jodhpur
Kapil Kothari vs State Of Rajasthan (2023:Rj-Jd:21515) on 14 July, 2023
Author: Arun Bhansali
Bench: Arun Bhansali
[2023:RJ-JD:21515]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Civil Writ Petition No. 9102/2023
Kapil Kothari S/o Shri Mitha Lal Kothari, aged about 38 years, R/
o 24-A, Trimurti Complex, Manwakhera Road, Sector No. 4,
Udaipur, the then / presently posted as Information Assistant
Officer, Sub Registrar-II, Registration and Stamp, 20,
Hazareshwar Colony, Udaipur.
----Petitioner
Versus
1. The State of Rajasthan through the Secretary,
Information Technology and Communication Department,
Govt. of Rajasthan, Jaipur.
2. Technical Director Cum Joint Secretary, Information
Technology and Communication Department, Govt. of
Rajasthan, Jaipur.
3. Additional Administrative Officer, Information Technology
and Communication Department, Govt. of Rajasthan,
Jaipur.
4. Administrative Officer (Transfer-Shifting/Posting Branch),
Information Technology and Communication Department,
Govt. of Rajasthan, Head Quarter, Jaipur.
5. Assistant Administrative Officer (Attendence), Information
Technology and Communication Department, Govt. of
Rajasthan, Headquarter Jaipur, Jaipur.
6. Special Officer, Information Technology and
Communication Department, Govt. of Rajasthan, Yojana
Bhawan, Jaipur.
7. System Analyst (Joint Director), District Headquarter,
Information Technology and Communication Department,
Govt. of Rajasthan, Udaipur.
8. Inspector General, Registration and Stamp, Panjiyan
Bhawan, Lohagal, Janana Hospital Road, Ajmer.
9. Sub-Registrar-II, Registration and Stamp, 20
Hazareshwar Colony, Udaipur.
----Respondents
For Petitioner(s) : Ms. Deepika Soni.
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[2023:RJ-JD:21515] (2 of 3) [CW-9102/2023]
HON'BLE MR. JUSTICE ARUN BHANSALI
Order 14/07/2023
1. This writ petition has been filed by the petitioner aggrieved of the orders dated 24.05.2023 (Annex.6) and 26.06.2023 (Annex.10), whereby while reinstating the petitioner from suspension he has been placed Awaiting Posting Order (APO) and his headquarter has been fixed at Barmer.
2. Submissions have been made that the petitioner was placed under suspension by order dated 07.08.2018 and his headquarter was fixed at Karauli. Feeling aggrieved, the petitioner filed a writ petition being SBCWP No.14692/2018, wherein fixing of headquarter at Karauli was stayed by the Court vide order dated 03.10.2018, however, it was ordered that the respondents would be free to fix any office in Udaipur for the said purpose. The said writ petition filed by the petitioner came to be allowed by order dated 07.02.2023 whereby suspension order dated 07.08.2018 was revoked. Pursuant thereto, vide order dated 24.05.2023 (Annex.6) the petitioner was reinstated back, however, place of posting was not indicated and when the petitioner sought place of posting, by order dated 26.06.2023 the petitioner was placed APO and his headquarter was fixed at Barmer.
3. It is submitted by counsel for the petitioner that fixing of headquarter while keeping the petitioner APO by the respondents is not justified and in case the petitioner was accorded posting at Barmer, the petitioner had no objection, however, only for the purpose of awaiting posting, posting the petitioner at Barmer is (Downloaded on 12/11/2023 at 02:40:58 AM) [2023:RJ-JD:21515] (3 of 3) [CW-9102/2023] not justified and, therefore, the order impugned deserves to be quashed and set aside.
4. A perusal of the record reveals that the petitioner after passing of the order dated 26.06.2023 (Annex.10) has rushed to this court and has not even approached the respondents with the plea sought to be raised in the present petition.
5. In that view of the matter, the petitioner may approach the respondent competent authority by way of appropriate representation pertaining to the plea sought to be raised in the present writ petition. It is expected of the authority to look into the issue raised by the petitioner, the justification to keep the petitioner APO once he has been reinstated and would accord him regular posting. Needful be done by the authority within a period of two weeks from the date the representation is made by the petitioner.
6. With these observations, the writ petition stands disposed of.
(ARUN BHANSALI),J 58-DJ/-
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