STATE OF RAJASTHAN Vs. GAMBHIR SINGH
LAWS(RAJ)-2012-10-75
HIGH COURT OF RAJASTHAN
Decided on October 26,2012

STATE OF RAJASTHAN Appellant
VERSUS
GAMBHIR SINGH Respondents

JUDGEMENT

SANGEET LODHA,J. - (1.) HEARD learned counsel for the appellants.
(2.) THESE intra court appeals are directed against order dated 25.7.12 of learned Single Judge, whereby the writ petitions preferred by the appellants assailing the order dated 31.5.12 passed by the Chief Executive Officer, Zila Parishad, Bikaner transferring the appellants from one Panchayat Samiti to another has been quashed, being violative of provisions of sub-section 8 of Section 89 of Rajasthan Panchayati Raj Act, 1994 ( for short "the Act of 1994"). In one of the appeals, being No.781/12, the registry has pointed out a defect in terms that certified copy of the order impugned has not been filed. Other appeals filed are accompanied by certified copy of the common order impugned and therefore, the requirement of certified copy in Appeal No.781/12 is dispensed with.
(3.) THE appellants are employed as Gram Sewak/Class IV employees in various Panchayati Samitis of District Bikaner. By the order impugned in the writ petition, issued by the Chief Executive Officer,Zila Parishad, Bikaner in exercise of the power conferred by Section 89(8) of the Act of 1994, the appellants were transferred from one Panchayat Samiti to another. The validity of the transfer order was questioned by the appellants on the ground that the transfers have been effected as aforesaid, without consultation with the Pradhans of Panchayati Samities from and to which such transfer is made, which is violative of provision of Section 89(8) of the Act of 1994.;


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