DINESH KHARADI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant intra court appeal has been preferred by the appellant herein for assailing the order dtd. 10/1/2023 passed by the learned Single Bench whereby, the writ petition No.11570/2022) preferred by the petitioner was dismissed on the ground of concealment of material fact.

(2.) Briefly stated, facts relevant and essential for disposal of the intra court appeal are noted herein below: The appellant writ petitioner, having been initially appointed on the post of Medical Officer in the Medical and Health Department, Government of Rajasthan vide order dtd. 25/2/2005, was accorded two promotions and at the relevant point of time, he was working as the Chief Medical and Health Officer, Udaipur. The State Government issued an order dtd. 3/8/2022 under the signatures of the Joint Secretary, Medical and Health (Group-2) Department and the Panchayati Raj (Health) Department whereby, as many as 46 doctors (including the appellant) working on different positions in the State were transferred/ shifted to other locations. The petitioner, who was working as the CMHO, Udaipur, was transferred to the District Hospital, Dungarpur.

(3.) Learned counsel Shri Sunil Kumar Singh and Shri Shanker Singh Rajpurohit representing the appellant writ petitioner, referred to Rule 8 of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 and urged that the transfer order has been passed in utter violation of the aforesaid Rule because approval of the Panchayati Raj Department was not taken before issuance of the impugned transfer order which was passed in violation of Rule 8(iii) of the Rules of 2011. They fervently contended that identical orders whereby, other doctors alike the petitioner were transferred, were challenged in a batch of 68 writ petitions filed before the Jaipur Bench of this Court and the learned Single Bench proceeded to allow the writ petitions by order dtd. 23/9/2022 and as such, sustaining identical order qua a similarly placed Medical Officer i.e. the appellant herein, would be nothing short of a travesty of justice. On these submissions, learned counsel Shri Singh and Shri Rajpurohit representing the appellant writ petitioner, implored the Court to accept the appeal and set aside the impugned order dtd. 10/1/2023 passed by the learned Single Bench and so also the impugned transfer order dtd. 3/8/2022.