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2005 DIGILAW 703 (RAJ)

Archna Bohra v. State of Rajasthan

2005-03-02

R.P.VYAS

body2005
Judgment R.P. Vyas, J.-The instant petition has been filed by the petitioner challenging the order dated 30.9.2004 whereby the petitioner has been transferred from Government Girls Senior Secondary School, Punjala to Government Girls Secondary School, Bap, Tehsil Phalodi, Dist. Jodhpur. 2. The brief facts of the case are that the petitioner was initially appointed as Librarian in the year, 1983 and the last posting place of the petitioner is Government Girls Sr. Secondary School, Punjla, Jodhpur. 3. It is further averred that vide order dated 30.9.2004 (Annex. 1), the petitioner has been transferred from Govt. Girls Sr. Secondary School, Punjala to Govt. Sr. Secondary School, Bap. In pursuance of the order of transfer dated 30.9.2004, the petitioner was relieved on 10.2004. 4. Further case of the petitioner is that she has been transferred in order to accommodate respondent No. 5 Smt. Yashoda Bohra in as much as vide order dated 9.2004 (Annex. 2) respondent No. 5 was transferred from Govt. Girls Sr. Secondary School, Hussain Mandi, Jodhpur to Govt. Sr. Secondary School, Bap and thereafter vide order dated 30.9.2004, she has been transferred to Govt. Sr. Secondary School, Punjala and on the very same day, the petitioner was transferred to Govt. Sr. Secondary School, Bap. Thus, he has been transferred in order to accommodate respondent No. 5. 5. During the course of arguments, a question was raised by this Court as to whether the petitioner has filed appeal before the Rajasthan Civil Services Appellate Tribunal or not and as to why the petitioner has directly approached this Court without availing the alternative remedy. 6. Pursuant to the aforesaid query made by this Court, the petitioner has submitted an affidavit stating that she has filed appeal before the Rajasthan Civil Services Appellate Tribunal on 30.11.2004, but since the State Government has made amendment in the Rajasthan Service Appellate Tribunal Act, 1976 that the transfer matter will be heard by minimum three members bench, hence in 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. It was also stated that the Learned Tribunal has not conducted regular sitting at Jodhpur since months together. 7. Heard learned Counsel for the petitioner. 8. Three members bench has not been constituted and the case of the petitioner has not been taken up by the learned Tribunal. It was also stated that the Learned Tribunal has not conducted regular sitting at Jodhpur since months together. 7. Heard learned Counsel for the petitioner. 8. 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. 9. It is a serious matter of concern that the appeal was filed by the petitioner before the Tribunal on 30.11.2004, but the matter has not been taken up by the Tribunal so far. Some Advocates have also made a complaint that the Tribunal is not sitting regularly at Jodhpur. 10. 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 Chairman 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. 11. 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 one month from the date of receipt of certified copy of this order. 12. 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 Chairman, Rajasthan Civil Services Appellate Tribunal, at Jodhpur for immediate and necessary action. 13. With the aforesaid observations and directions, the writ petition stands disposed of . There will be no order as to costs.