CW 15050/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15050/2010 Trilok Chand Goutam Versus State & Ors Date of Order ::: 10/11/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Tanveer Ahmed, for petitioner. Mr. Ashok Bansal, for respondent-7 (caveator) Instant petition has been filed assailing order dt.05/10/2010 having been passed by respondents in compliance of judgment dt.01/10/2010 whereby transfer order dt.30/08/2009 impugned in Appeal-2213/2010 has been set aside by the Tribunal without calling upon appeal-respondents including petitioner herein. Counsel for petitioner submits that the learned Tribunal allowed the appeal without opportunity of hearing being afforded to respondents which is in clear violation of principles of natural justice; as such the order of the Tribunal impugned herein is not legally sustainable and deserve to be set aside. Respondent-7 has entered into caveat through counsel who submits that since respondent-7 was earlier transferred vide order dt.10/08/2009, which was assailed in appeal No.635/2009 and stayed by learned Tribunal vide order dt.18/08/2009 and pending appeal-635/2009, subsequent order dt.30/08/10 CW 15050/10 //2// passed by respondents State transferring respondent-7 herein was assailed by him in appeal No.2213/2010 and taking note of aforesaid facts, no error has been committed in passing order impugned dt.01/10/2010. Such a practise of the Tribunal cannot be appreciated by this Court that the appeal has been allowed without calling upon respondents who are certainly affected by final order being passed by the Tribunal. It is always open for the Tribunal to consider that if there is no prima facie case being made out, the appeal can be rejected at admission stage itself, obviously assigning reasons but if Counsel has been able to make out a prima facie case, notice can be issue to the respondents and at the same time, if appellant has been able to convince that he has made out prima facie case; irreparable loss and balance of convenience in his favour for grant of interim relief, that can certainly be considered for ex parte interim order. However, if the learned Tribunal comes to conclusion that appeal deserves to be accepted, final relief as prayed for should only be considered/granted after notices being served calling upon respondents – in absence whereof, it certainly violates their rights of hearing and in violation of principles of natural justice. CW 15050/10 //3// Consequently, writ petition succeeds and is hereby allowed. Order dt.01/10/2010 of the Tribunal is hereby set aside. Matter is remanded back to the tribunal to hear the parties afresh in the appeal on merits in accordance with law. However, status quo pertaining to petitioner & respondent-7 herein shall be maintained till the appeal is heard for admission and for grant of interim relief as prayed for in Appeal No.2213/2010. However, it would be open for the learned Tribunal to examine inter-se rights of the parties in accordance with law for interim relief at the stage of admission of appeal. Petitioner and respondent-7 herein are directed to appear on 29/11/2010 before the Tribunal. A copy of this order be sent to the learned Tribunal for compliance. (Ajay Rastogi), J. K.Khatri/p3/ 15050CW2010Nov10Ald.doc