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A transfer order once executed, cannot be cancelled: Rajasthan High Court

The High Court of Rajasthan, through learned judge, Justice Dinesh Mehta in the case of Anusuiya Bishnoi v. State of Rajasthan (S.B. Civil Writ Petition No. 11529/2021) reiterated that  a transfer order once executed, cannot be cancelled

BRIEF FACTS:  The petitioner was working as Gram Vikas Adhikari and vide order dated 28.07.2021, she was posted at Gram Panchayat, Sahuwala, pursuant to which she joined her duties at Sahuwala on 30.07.2021. Thereafter, after about 14 days of the transfer order transferring her to Sahuwala, order dated 14.08.2021 came to be passed and she was transferred to Gram Panchayat, 12 LNP, treating her to be ‘under transfer’ at Sahuwala. Learned counsel for the petitioner  argued that after 14 days of the transfer order, having been executed, the respondents cannot amend or cancel the same.

FINDINGS OF THE COURT:  The court remarked that it was a consistent view of the court that a transfer order once executed, cannot be cancelled. A gainful reference of the judgement in the case of Kalu Singh Vs. State & Ors., reported in 2003(1) WLC 674 and Gangaram Bishnoi Vs. State & Ors., reported in 1994 WLR 537 in which the Court had taken the same view, was relied upon by the court. In the opinion of the Court, since pursuant to the order dated 28.07.2021 the petitioner had been relieved on 29.07.2021 by the concerned Vikas Adhikari and she had even joined at Panchayat Samiti, Sahuwala, it cannot be said that petitioner was under transfer. As a matter of fact, on 29.07.2021, the petitioner had become Gram Vikas Adhikari of Sahuwala. The order dated 14.08.2021 was thus, clearly contrary to facts. That apart, as the petitioner had joined at Sahuwala, directing her to join at Gram Panchayat, 12 LNP amounts to fresh transfer, which cannot be countenanced as it has been passed within a short span of 14 days. In view of the above, the Court was of the considered view that the transfer order, which had been executed, cannot be cancelled, altered or modified.

JUDGEMENT REVIEWED BY – AMRUTHA K

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