HARBANS SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been Tiled for quashing the adverse remarks/strictures against the petitioner by the learned Additional District Judge, Raisinghnagar on 30.11.1995 contained in Annexure. 7 to this petition.

(2.) THE factual gamut of the case, as revealed by the record is that the services of the petitioner, a teacher in English language, were transferred from Senior Higher Secondary School, Raisinghnagar to Dabri on 17.6.1995, and in pursuance of said order he stood relieved on 1.7.1995. Petitioner filed suit No. 37/1995 before the Civil Judge cum Judicial Magistrate Raisinghnagar for injunction against the transfer order. In that suit, the interim relief staying the operation of the transfer order was granted on 13.9.1995. Being aggrieved and dissatisfied, the defendant therein preferred Civil Miscellaneous Appeal No. 32/1995 before the learned Additional District Judge. Raisinghnagar (respondent No. 2). In the said appeal, the grounds taken by the appellant -defendant revealed that the Civil Court did not possess jurisdiction to entertain a suit against the transfer order and, thus, the order dated 13.9.1995 was without jurisdiction. The present petitioner sought time to file reply in the said appeal and it stood adjourned for 30.11.1995. In the meanwhile petitioner moved an application before the learned Civil Judge, Raisingnnagar to withdraw his suit with liberty to file a fresh suit, if need be arisen, and the said suit was dismissed as withdrawn vide order dated 29.11.1995. The appeal came for hearing on 30.11.1995 before the appellate Court (respondent No. 2) wherein the appellate Court passed a detailed order which is contained in Annexure 6. By the said order after taking note of the fact that the suit had already been dismissed as withdrawn the respondent No. 2 dismissed the appeal and further held that as the matter was out -side the jurisdiction of the Civil Judge (respondent No. 3), the order dated 13.9.1995 was bad and as a consequence the same was quashed.

(3.) THE petitioner has preferred this petition only for quashing the adverse remarks made against him.