CWP 11947/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No. 11947/2009 Hukma Ram Versus Rajasthan Civil Services Appellate Tribunal & ors. DATE OF ORDER : 09/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Pratap Singh Sirohi, for petitioner *** Petitioner, who is working as Male Nurse Grade I on having been promoted on adhoc basis, later on regularly selected on the recommendations of the DPC against the vacancies of the year 2005-2006 was withdrawn vide order Anx.6 dt. 12th August, 2009 on the premises that departmental enquiry is pending/contemplated against him. By subsequent order Anx. 7 dated 20th August, 2009 the Chief Medical Officer, Nagaur has shifted/posted the petitioner because of initiation of departmental enquiry against him in the office of Chief Medical and Health Officer, Nagaur. However, he is working in the Government Hospital, Ladnu (Nagaur) on his promotion. Both the orders Anx. 6 dated 12/08/2009 and Anx. 7 dated 20/08/2009 were assailed by the petitioner in appeal preferred before the learned Tribunal. It has been informed to this Court that the appeal was admitted by the learned Tribunal after CWP 11947/09 [2] hearing counsel for the petitioner. However, the prayer for interim relief has been rejected by the learned Tribunal vide order Anx.9 dt.07/09/2009. The main thrust of submission of counsel for the petitioner is that the learned Tribunal has committed serious manifest error in declining to grant interim order against the order which are impugned before the Tribunal. He further submitted that the order Anx.7 is wholly without jurisdiction and there is no enquiry pending agains the petitioner. In such situation, transferring/posting him to Chief Medical and Health Officer, Nagaur is unjustified. In the opinion of this Court, the learned Tribunal, while admitting the appeal, has appreciated the submissions made by learned counsel for the petitioner but did not find favour to grant interim relief and prayer has been rejected under order impugned Anx. 9 dt. 07/09/2009. What has been urged by counsel for the petitioner is the subject matter of appeal to be examined by the Tribunal at the appropriate stage. Any opinion expressed by this Court will certainly affect/prejudice the rights of the CWP 11947/09 [3] parties. This Court does not find any manifest error being committed in declining to grant interim order which may require interference in the present matter at this stage. Consequently, the writ petition fails and it is accordingly dismissed. [AJAY RASTOGI], J. Raghu-11947-cw-2009-final.doc