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2005 DIGILAW 1508 (RAJ)

Vinod Mehta v. State of Rajasthan

2005-05-19

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-The instant petition has been filed by the petitioner challenging the order dated 012.2004 (Annexure 4). 2. The brief facts of the case are that the petitioner is working on the post of UDC in the respondent-Department. 3. Vide order dated 30.09.2004, the petitioner was transferred from Village Shubhdand to Jodhpur. 4. In pursuance of the order dated 30.09.2004, the petitioner joined the transferred place at Jodhpur on 010.2004. Vide same order, the respondent No. 5 was also transferred from Jodhpur to Shubhdand and he was relieved on 110.2004. 5. It is further averred that while concealing the material facts, the respondents No. 5 filed an appeal before the Rajasthan Civil Services Appellate Tribunal. 6. The learned Tribunal vide order dated 012.2004 passed interim order in favour of the respondent No. 5 staying operation of the order dated 30.09.2004. 7. It has also been averred in the writ petition that in view of interim order of the learned Tribunal, the petitioners salary will be prepared from Shubhdand and the salary of respondent No. 5 will be prepared from Jodhpur on temporary basis. 8. The learned Counsel for the petitioner submits that after passing the interim order, the appeal has been taken up by the learned Tribunal. He further submits that in view of amendment in the Act of 1976, transfer orders will be heard by minimum three members Bench, hence, for want of members. Three members Bench is not expected to be constituted. The learned Tribunal is not sitting at Jodhpur regularly. Further more, the Chairman of the Tribunal has also retired and the post of Chairman is vacant. Therefore, it is not expected that the Three Members Bench will be constituted. It was also stated that the Learned Tribunal has not conducted regular sitting at Jodhpur since months together. 9. Heard learned Counsel for the petitioner. 10. The petitioner is suffering very much and the matter is not being decided expeditiously, due to the non-sitting of the Members of the Tribunal, whereas circumstances compel the matter to be decided as early as possible to redress the grievance of the party concerned. 11. It is serious matter of concern that the appeal was filed by the respondent No. 5 in the month of November, 2004, but after grant of interim order, the matter has not been taken up by the Tribunal so far. 12. 11. It is serious matter of concern that the appeal was filed by the respondent No. 5 in the month of November, 2004, but after grant of interim order, the matter has not been taken up by the Tribunal so far. 12. It is very sad state of affairs that the Tribunal is not sitting at Jodhpur regularly. The matter requires serious consideration of the authority concerned. The concerned authority is expected to look into the matter seriously and take immediately steps that the Tribunal conducts its sitting at Jodhpur regularly, so that no inconvenience is caused to the public in general and litigants in particular, as it causes a direct hindrance in the administration of justice. If the post of Chairman is lying vacant, then it is obligatory duty of the State Government to take immediate steps for filing up the post of Chairman so that the litigants may not suffer. 13. In view of the aforesaid facts and circumstances, I deem it just and proper to direct the learned Appellate Tribunal to decide the appeal filed by the respondent No. 5 expeditiously as early as possible, preferably within a period of one month from the date of receipt of certified copy of this order. 14. The parties are directed to participate in the proceedings, pending before the Tribunal without seeking any unnecessary adjournments. A copy of this order be sent to the Chief Secretary, Government of Rajasthan, Jaipur for immediate and necessary action. 15. Meanwhile, status quo as it exists today shall be maintained till the appeal filed by the respondent No.5 is decided by the learned Tribunal. 16. With the aforesaid observations and directions, the writ petition stands disposed of . There will be no order as to costs.