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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. CIVIL WRIT PETITION NO.3316/2011
(Kailash Kumar Vs. The State of Rajasthan & Ors.)
Date of Order :: 19.04.2011
PRESENT
HON’BLE MR JUSTICE GOPAL KRISHAN VYAS
Mr. Narpat Singh, for the petitioner.
———-
Heard learned counsel for the petitioner.
In this case, earlier an appeal was preferred by the
petitioner before the Rajasthan Civil Services Appellate Tribunal
against the order of transfer dated 30th September, 2010, in
which, vide order dated 22nd October, 2010 an opportunity was
granted to the petitioner to file representation to the
respondents and respondents were directed to decide the same
within the stipulated time.
Learned counsel for the petitioner submits that after
passing order dated 22nd October, 2010 in the appeal bearing
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No.529/2010 by the Tribunal, a detailed representation was filed
by the petitioner before the respondent No.3. Upon filing the
said representation, the Additional Chief Executive Officer-cum-
District Education Officer (Elementary Education), Bikaner
passed an order on 29th March, 2011.
Looking to the facts and circumstances of the case, I
am of the opinion that this is fresh cause of action because the
impugned order has been passed in pursuance of the order
passed by the Tribunal.
This writ petition is, therefore, disposed of with
liberty to the petitioner to seek remedy available under the law
before the Rajasthan Civil Services Appellate Tribunal,
Jaipur/Jodhpur. It is expected from the tribunal to decide the
appeal, if any, filed by the petitioner on merit.
(Gopal Krishan Vyas), J.
AKC
