According to Law of Precedence, judgement passed by Coordinate Bench binding, whereas judgement of other High Court has persuasive value; transfer order once executed cannot be cancelled, altered or modified: Rajasthan High Court
The Rajasthan High Court on the judgement given on 3rd September 2021 by Honorable Justice Dinesh Mehta J. in the case of Anusuiya Bishnoi vs State of Rajasthan Civil Writ Petition No. 11529/2021 allowed a petition which was filed challenging the order whereby petitioner’s transfer of order dated 28-07-2021 had been amended and she had been posted at Gram Panchayat 12 LNP.
FACTS OF THE CASE:
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. After about 14 days of the transfer order transferring her to Sahuwala another order came wherein she was transferred to Gram Panchayat, 12 LNP, treating her to be ‘under transfer’ at Sahuwala.
Counsel for the petitioner submits that pursuant to order dated 20-07-2021 the petitioner was relieved from earlier place of posting on 29-07-2021 and she has joined on 30-07-2021 at Gram Panchayat, Sahuwala. Thus, she cannot be treated to be ‘under transfer’ and the impugned order amounts to fresh transfer order within a short span of 14 days.
The Court stated that according to the Law of Precedence, judgement passed by Coordinate Bench of this Court was binding, whereas judgement of other High Court was only having persuasive value. The court was of consistent view that a transfer order once executed, cannot be cancelled giving reference to the judgement of Kalu Singh vs State, 2003(1) WLC 674 and Gangaram Bishnoi vs State, 1994 WLR 537.
The Court was of the opinion that 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 has become Gram Vikas Adhikari of Sahuwala. The order dated 14-08-2021 was thus clearly contrary to facts.
The Court while allowing the petition held that the transfer order, which has been executed, cannot be cancelled, altered, or modified as the petitioner has 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.
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JUDGEMENT REVIEWED BY CHANDANA SHEKAR