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Poonama Ram Vs. State and ors

Poonama Ram vs State and ors

Type Court Judgment Court Rajasthan Jodhpur Decided Aug 28, 2014
~2 min read
https://sooperkanoon.com/case/1163458

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Citation
Court
Rajasthan Jodhpur High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Poonama Ram

Respondent

State and ors

Excerpt

.....list under the category of “for fresh admission with stay”..4. this writ petition has been filed by the petitioner on 25.08.2014 with the following prayers:- “it is, therefore, most respectfully prayed that this writ petition may kindly be allowed and the order impugned dated 20.5.2014 annexure 4 issued by the learned respondent no.1 may kindly be quashed and set aside in the interest of justice and s.b. civil writ petition no.5998/2014. poonama ram vs. state & ors. order dated 28.08.2014 2/2 the petitioner may kindly be ordered to be continuous serving at the present place of posting. any other order, which may kindly be deemed, fit and proper may kindly be passed in favour of the petitioner.”. 5. the petitioner seeks quashing of the impugned transfer order annexure-4 dated 20.05.2014. it appears that against the aforesaid impugned transfer order dated 20.05.2014, the petitioner has already filed a representation vide annexure-5 undated to the respondent authorities. since the representation of the petitioner regarding his transfer and posting is pending and without awaiting decision of the said representation, the petitioner has filed this writ petition on 25.08.2014 and, therefore, this writ petition is premature and liable to be disposed of.6. accordingly, this writ petition is disposed of with a direction and liberty to the petitioner to first pursue his pending representation submitted vide annexure-5 to the respondent authorities and the respondent authorities are expected in law to decide the same in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of three months.6. a copy of this order be sent to the concerned parties forthwith. (dr. vineet kothari), j./mohan/ /s-112/

Full Judgment

S.B. CIVIL WRIT PETITION No.5998/2014. Poonama Ram Vs. State & Ors. Order dated 28.08.2014 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER

:: S.B. CIVIL WRIT PETITION No.5998/2014. Poonama Ram Vs. State & Ors. .. Date of Order :::

28. h August, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: None present for the petitioner. -- BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No.112 in the supplementary cause list under the category of “For Fresh Admission with Stay”..

4. This writ petition has been filed by the petitioner on 25.08.2014 with the following prayers:- “It is, therefore, most respectfully prayed that this writ petition may kindly be allowed and the order impugned dated 20.5.2014 annexure 4 issued by the learned respondent No.1 may kindly be quashed and set aside in the interest of Justice and S.B. CIVIL WRIT PETITION No.5998/2014. Poonama Ram Vs. State & Ors. Order dated 28.08.2014 2/2 the petitioner may kindly be ordered to be continuous serving at the present place of posting. Any other order, which may kindly be deemed, fit and proper may kindly be passed in favour of the petitioner.”. 5. The petitioner seeks quashing of the impugned transfer order Annexure-4 dated 20.05.2014. It appears that against the aforesaid impugned transfer order dated 20.05.2014, the petitioner has already filed a representation vide Annexure-5 undated to the respondent authorities. Since the representation of the petitioner regarding his transfer and posting is pending and without awaiting decision of the said representation, the petitioner has filed this writ petition on 25.08.2014 and, therefore, this writ petition is premature and liable to be disposed of.

6. Accordingly, this writ petition is disposed of with a direction and liberty to the petitioner to first pursue his pending representation submitted vide Annexure-5 to the respondent authorities and the respondent authorities are expected in law to decide the same in accordance with law, after giving an opportunity of hearing to the petitioner, within a period of three months.

6. A copy of this order be sent to the concerned parties forthwith. (Dr. VINEET KOTHARI), J.

/Mohan/ /S-112/

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