PRAMILA CHOUHAN Vs. STATE OF RAJ

JUDGEMENT

(1.) HEARD learned counsel for the petitioner. In this writ petition, the petitioner is challenging the validity of the transfer order dated 31.5.2012 and the order dated 2.4.2013 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur camp Jodhpur whereby the tribunal dismissed the appeal filed by the petitioner.

(2.) LEARNED counsel for the petitioner submits that in the appeal filed by the petitioner before the Tribunal, stay was operating in favour of the petitioner and till decision of the appeal, the stay order remained in existence, therefore, obviously, the transfer order was not implemented for nearabout one year but while deciding the appeal of the petitioner, the Tribunal did not take into consideration this fact inspite of the fact that a prayer was made by the petitioner that transfer order may be quashed with liberty to the respondents to pass fresh order because order impugned was not implemented due to stay order granted by the Tribunal.

(3.) AFTER hearing learned counsel for the petitioner, I have perused the aforesaid order passed by this Court in case of Purnima Ojha (supra) in which following order was passed :