- (1.) HEARD learned counsel for the petitioner. In this writ petition, the petitioner is challenging the validity of the transfer order dated 31.5.2012 and the order dated 2.4.2013 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur camp Jodhpur whereby the tribunal dismissed the appeal filed by the petitioner.
(2.) LEARNED counsel for the petitioner submits that in the appeal filed by the petitioner before the Tribunal, stay was operating in favour of the petitioner and till decision of the appeal, the stay order remained in existence, therefore, obviously, the transfer order was not implemented for nearabout one year but while deciding the appeal of the petitioner, the Tribunal did not take into consideration this fact inspite of the fact that a prayer was made by the petitioner that transfer order may be quashed with liberty to the respondents to pass fresh order because order impugned was not implemented due to stay order granted by the Tribunal. Learned counsel for the petitioner submits that in identical case being SBCWP NO.5013/2013 (Purnima Ojha Vs. State of Raj. & Ors.) decided on 08.05.2013, this Court modified the order of Tribunal and while doing so, the transfer order was quashed with liberty to the respondents to pass fresh transfer order in the event of any administrative exigency arises in future, therefore, in this case also, the same order may be passed.
(3.) AFTER hearing learned counsel for the petitioner, I have perused the aforesaid order passed by this Court in case of Purnima Ojha (supra) in which following order was passed : "In view of above, in the interest of justice, the order dated 26.9.2010 which is not executed for two years due to stay order granted by the Tribunal, now it cannot be implemented. In view of above, the order dated 09.04.2012 passed by the Tribunal is hereby modified and instead of dismissing the appeal the order impugned dated 26.9.2010 as well as the order of relieving dated 1.5.2013 are hereby quashed and set aside with liberty to the respondents that in the event of any administrative exigencies in future, they will be at liberty to pass fresh order of transfer of the petitioner." ;