Rajasthan High Court - Jodhpur
Rajendra Kumar Jain & Ors vs State & Ors on 18 February, 2011
Author: Govind Mathur
Bench: Govind Mathur
S.B.CIVIL WRIT PETITION NO. 362/ 2011
Smt. Laxmi Devi Vs. State of Rajasthan & Ors.
Date of Order :: 18.02.2011
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr.Mukesh Rajpurohit, for the petitioner.
Mr. R.L. Jangid, AAG.
********
This petition for writ is preferred to question the correctness of the order dated 26.9.2010 passed by the District Education Officer (Elementary) Department of Education, Bikaner transferring the petitioner from one school to another. The order impugned is appellabe under the Rajasthan Civil Service (Service Matter) Appellate Tribunal Act, 1976. However, without getting the remedy provided exhausted, this petition for writ is preferred on the count, that the author of the order impugned was not possessing jurisdiction to effect the transfers. The question regarding the authority and competence to issue an order of transfer can be adjudicated by the Tribunal, while exercising powers under the Act of 1976. The remedy provided under the Act of 1976 is quite speedy and efficacious remedy, as the Tribunal consists of administrative as well as judicial members. The Tribunal is also having an authority to pass interim directions. In such circumstances, I do not find any just reason to entertain this petition for writ, deviating from the doctrine of exhausting the statutory remedy first before invoking extra jurisdiction of this Court.
Accordingly, this petition for writ is dismissed. The petitioner is at liberty to avail the remedy under the Act of 1976. If the petitioner prefers an appeal to challenge the order impugned within the period of 30 days -2- from today, the Tribunal shall examine merits of the matter ignoring limitation prescribed under the Act of 1976.
(GOVIND MATHUR), J.
ns.