RUGNATH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against the order dtd. 15/11/2022 (Annex.13) passed by the District Collector, Pali and order dtd. 21/10/2022 (Annex.12) passed by the Board of Revenue, Ajmer as well as the order dtd. 29/9/2022 (Annex.11) passed by the Rajasthan Civil Services Appellate Tribunal ('Tribunal').

(2.) It is, inter-alia, indicated in the petition that by order dtd. 19/9/2022 (Annex.7) the respondent No.5 was transferred from Sojat Road to Bhilwara. Feeling aggrieved by order dtd. 19/9/2022, he (respondent No.5) approached the Tribunal, which on 29/9/2022 (Annex.11) passed an interim order, whereby operation of the order dtd. 19/9/2022 was stayed. It is claimed that said order was not communicated by the respondent and therefore, on 7/10/2022 vide Annex.8 the petitioner who was Awaiting Posting Orders, was posted at Circle Sojat Road. It is claimed that the Tehsildar required the petitioner to take charge, whereupon on 13/10/2022 the petitioner took the charge. Whereafter, based on the interim order granted by the Tribunal, the Board of Revenue cancelled the order dtd. 19/9/2022 and on cancellation of said order, on 15/11/2022 (Annex.13) the petitioner has been transferred from Circle Sojat Road to Circle Shivpura, Tehsil Sojat.

(3.) It is submitted by the counsel for the petitioner that the respondent No.5, while obtaining the interim order dtd. 29/9/2022 from the Tribunal, has not pointed out that on 23/9/2022 (Annex.14) he was relieved, which resulted in passing of the said interim order and consequential orders by the Board of Revenue in cancelling the order of his transfer and the order dtd. 15/11/2022, whereby the petitioner who was posted in place of respondent No.5, has now been transferred. Submissions have been made that merely on account of cancellation of the order dtd. 19/9/2022, the respondent No.5 does not get posted back at the place from where he was transferred, therefore, passing of the order dtd. 15/11/2022 (Annex.13) by the District Collector transferring the petitioner, based on cancellation of the order by Board of Revenue is not justified.