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2005 DIGILAW 1620 (RAJ)

Ramesh Chandra Sharma v. State of Rajasthan

2005-06-01

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-The instant petition has been filed by the petitioner challenging the order dtd. 14.02.2005 (Annexure-6) whereby the petitioner has been posted at Government Higher Secondary School, Rampura in pursuance of order dated 012.2004 passed by the learned Rajasthan Civil Services Appellate Tribunal. 2. The brief facts of the case are that the petitioner is presently working as Teacher Grade II. He is also holding a certificate of NCC Training Officer issued by the Chief Liaison Officer and Group Commander. 3. It has been averred in the writ petition that the State Government has framed a policy, wherein it has been clearly stated that a trained NCC Officer should not be disturbed by transfer to another school where NCC establishment is not there. 4. It has been averred in the petition that vide order dated 30.09.2004 (Annexure-4), the petitioner was transferred to Government Sr. Secondary School, Rampura. In pursuance of this transfer, the petitioner joined the duties at Government Sr. Secondary School, Rampura. 5. Further case of the petitioner is that vide order dated 30.09.2004, the respondent No. 4 Smt. Giriraj Kishori was transferred from Rampura to Lakheri and he was relieved from Rampura. 6. The respondent No.4 challenged the order dtd. 30.09.2004 before he Rajasthan Civil Services Appellate Tribunal, Jaipur and the learned Tribunal, vide order dated 012.2004, stayed the operation of the order dated 30.09.2004 qua the respondent No. 4. 7. It has also been alleged in the petition that in pursuance of order dtd. 012.2004, the respondents have posted the petitioner at Government Sr. Secondary School, Lakheri on the temporary basis. 8. It has also been alleged by the petitioner that after passing of order dtd.14.02.2005, the petitioner has been sent on deputation to Government Sr. Secondary School, Gumanpura and he is working there. 9. During the course of arguments, the petitioner was asked to pursue the matter before the Rajasthan Civil Services Appellate Tribunal. 10. Pursuant to the aforesaid suggestion made by this Court, the petitioner has submitted that the State Government has made amendment in the Rajasthan Civil Services Appellate Tribunal Act, 1976 that the transfer matter will be heard by minimum three members bench. Hence, for want of members, three members bench has not been constituted and the case of the petitioner has not been taken up by the learned Tribunal as the post of Chairman of the Tribunal is lying vacant. Hence, for want of members, three members bench has not been constituted and the case of the petitioner has not been taken up by the learned Tribunal as the post of Chairman of the Tribunal is lying vacant. 11. Heard learned Counsel for the petitioner. 12. 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 that the matter be decided, as early as possible, to redress the grievance of the party concerned. 13. It is a serious matter of concern that the appeal was filed by the respondents No. 4 before the Tribunal, but the hearing of the same has not been undertaken by the Tribunal in view of the fact that the post of Chairman is lying vacant. 14. It is very sad state of affairs that the Tribunal is not sitting. The State Government should take immediate steps to fill up the post of Chairman of the Tribunal, so that no inconvenience is caused to the public, in general and litigants in particular, as it causes a direct hinderance in the administration of justice. 10.15. 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 petitioner, expeditiously, as early as possible, preferably within a period of two months from the date of receipt of certified copy of this order. 116. 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, for immediate and necessary action. 117. Meanwhile, the respondents are directed to allow the petitioner to continue at Government Sr. Secondary School, Gumanpura till the appeal is decided by the Tribunal where the petitioner is presently posted on deputation. 118. With the aforesaid observations and directions, the writ petition stands disposed of . There will be no order as to costs.