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2005 DIGILAW 1624 (RAJ)

Sandeep Sharma v. D. I. G. Police Department

2005-06-01

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-The instant petition has been filed by the petitioner with a prayer that the order dated 20.05.2005 (Annex.4) may kindly be quashed and set-aside. 2. The brief facts of the case are that the petitioner is presently working as Sub-Inspector, Police Station, Goluwala, District Hanumangarh. 3. It has been averred in the writ petition that vide order dated 06.07.2004, the petitioner was transferred from Gajsingh Pura to Police Line, Ganganagar and, thereafter, vide order dated 03.09.2004 (Annex.1), he was transferred from Police Lines, Ganganagar to Police Station, Goluwala. Just after a period of 20 days, the petitioner has been transferred to GRP Range, GNR vide order dated 30.09.2004 (Annex.2) 4. The petitioner challenged the order dated 30.09.2004 (Annex.2) before the Rajasthan Civil Services Appellate Tribunal and the learned Tribunal vide order dated 110.2004 (Annex.3) granted interim order in favour of the petitioner. 5. The respondent neither filed reply, nor application for vacation of stay order. However, vide order dated 20.05.2005 (Annex.4) the petitioner has been transferred from Police Station, Goluwala to Police Line, Hanumangarh. 6. During the course of arguments, a query was made by this Court as to whether the petitioner has filed contempt petition or second stay application before the Rajasthan Civil Services Appellate Tribunal or not and as to why the petitioner has directly approached this Court, without availing of the alternative remedy. 7. Pursuant to the aforesaid query made by this Court, the petitioner has submitted that he has neither filed contempt petition nor second stay application, before the Rajasthan Civil Services Appellate Tribunal, but since the State Government has made amendment in the Rajasthan 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, therefore, the case of the petitioner has not been taken up by the learned Tribunal. It was also stated that the learned Tribunal is not conducting regular sitting at Jodhpur for months together. The learned Counsel for the petitioner also apprised the Court that post of Chairman of the Tribunal is lying vacant. 8. Heard learned Counsel for the petitioner. 9. Admittedly, the petitioner preferred an appeal against the order of transfer dated 30.09.2004 and the learned Tribunal vide order dated 110.2004 stayed the operation of the order dated 30.09.2004 (Annex.4). The learned Counsel for the petitioner also apprised the Court that post of Chairman of the Tribunal is lying vacant. 8. Heard learned Counsel for the petitioner. 9. Admittedly, the petitioner preferred an appeal against the order of transfer dated 30.09.2004 and the learned Tribunal vide order dated 110.2004 stayed the operation of the order dated 30.09.2004 (Annex.4). Despite stay order, the petitioner has been transferred to Hanumangarh. The petitioner has not flied any contempt petition or second stay application as the Tribunal is not sitting at Jodhpur regularly. Even the post of Chairman of the Tribunal is lying vacant, for quite longtime. 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 very sad state of affairs that the Tribunal is not sitting at Jodhpur regularly. The matter requires serious consideration of the authority concerned. It is the duty of the State Government to fill up the post of the Chairman at the earliest. However, the State Government has not taken steps for filling up the post of the Chairman at the earliest. Due to non-availability of Chairman three members bench has not been constituted nor the Tribunal is conducting regular sitting at Jodhpur, which is causing great inconvenience to the public in general and litigants in particular and the same, in fact, causes a direct hindrance in the administration of justice. 12. In view of the aforesaid facts and circumstances of the case, 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 three months from the date of receipt of a certified copy of this order. 13. 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. 14. A copy of this order be also supplied to Shri N.M. Lodha, Addl. Advocate General for necessary action. 15. Meanwhile, the effect and operation of the transfer order dated 20.05.2005 (Annex.4) shall remain stayed till the appeal is decided by the learned Tribunal. 14. A copy of this order be also supplied to Shri N.M. Lodha, Addl. Advocate General for necessary action. 15. Meanwhile, the effect and operation of the transfer order dated 20.05.2005 (Annex.4) shall remain stayed till the appeal 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.