HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the State and examined the letter petition sent by the petitioner for his transfer from Central Jail, ajmer to Central Jail, Jaipur.

(2.) A notice to show cause was given and in pursuance thereto, the respondents have filed their reply, wherein they have raised an objection that as per the provisions contained in Rule 153 Section V, Part XXV of the rajasthan Prisons Rules, 1951, Inspector general of Prisons, Rajasthan, Jaipur is competent to transfer a prisoner from one jail to another jail. It has further been mentioned that convict-prisoner has not submitted any application to the Jail authorities for his transfer from Central Jail, Ajmer to Central jail, Jaipur, hence the present petition falls in the category of premature and deserves to be dismissed on this count alone.

(3.) WE have considered the contents of the letter petition as well as reply and submissions of the learned counsel for the state and after considering the same, we are of the view that normally this Court does not entertain the transfer petition of a convict from one jail to another without approaching the competent authority prescribed under the act and the Rules framed thereunder. In these circumstances, we do not find any ground to entertain this writ petition and the same is, accordingly, dismissed on this ground alone. It will be open for the petitioner to approach the appropriate authority first in the same matter and in case he feels aggrieved thereafter then it will be open for him to approach this Court again.