Rajasthan High Court
CW/1798/2021 of OMPARKASH S/O DHANSI RAM Vs STATE OF RAJASTHAN on 24 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1798/2021 CNR: RJHC020103132021 | URN: CW / 4178U / 2021 Omparkash S/o Dhansi Ram, Aged About 51 Years, R/o Village- Dhani Sihor, Teh-Khetri, District Jhunjhunu Rajasthan At Present Posted As Head Constable No. 59, Reserve
[2026:RJ-JP:34231]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1798/2021
CNR: RJHC020103132021 | URN: CW / 4178U / 2021
Omparkash S/o Dhansi Ram, Aged About 51 Years, R/o Village- Dhani Sihor, Teh-Khetri, District Jhunjhunu Rajasthan At Present Posted As Head Constable No. 59, Reserve Police Line Jhunjhunu Rajasthan
----Petitioner
Versus
1.
State Of Rajasthan, Through Its Additional Chief Secretary (Department Of Home), Government Of Rajasthan, Secretariat Jaipur (Rajasthan)
2.
The Director General Of Police, (Headquarter) Lalkhothi, Jaipur Rajasthan
3.
Inspector General Of Police, Jaipur Range, Jaipur.
4.
The Superintendent Of Police, Jhunjhunu District Jhunjhunu Rajasthan
----Respondents
For Petitioner(s)
:
Mr. Sudhir Yadav with
Mr. Rajes Kumar Yadav
For Respondent(s)
:
Mr. Somitra Chaturvedi, Dy. G.C.
HON'BLE MR. JUSTICE SAMEER JAIN
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Judgment
24/08/2026
1. Learned counsel for the petitioner places reliance upon the judgments passed by the Division Bench of this Court in D.B. Special Appeal (Writ) No. 610/2021 titled State of Rajasthan & Ors. v. Surendra Khokhar (Kumar), decided on 29.11.2021, and D.B. Special Appeal (Writ) No. 355/2022 titled State of Rajasthan & Ors. v. Mahipal Singh, decided on 06.05.2022 and submits that qua the cadre of Head Constable, no inter-district transfer can take place as per the law.
2. Per contra, learned counsel for the respondent-State submits that the matter at hand pertains to the year 2021 and that there have been subsequent developments. It is further submitted that
[2026:RJ-JP:34231] (2 of 2) [CW-1798/2021] the present matter stands on entirely different and exceptional footing.
3. It is next submitted that the transfer of the petitioner from Jhunjhunu to Sawai Madhopur was carried out on account of ongoing criminal proceedings and the revocation of a pre-existing suspension period of three years.
4. Learned counsel contends that the judgment in the case of Surendra Khokhar (Kumar) (supra) is distinguishable from the facts and circumstances of the present case, as it dealt with group/en masse transfers carried out contrary to the relevant Rules.
5. In light of the aforesaid submissions, this Court deems it appropriate to dispose of the present writ petition with liberty to the petitioner to file a fresh and detailed representation, if not already filed, before the competent authority of the respondents.
6. Upon the filing of such representation, the competent authority of the respondents is directed to consider and decide the same within a period of 30 days from the date of such filing, strictly in accordance with law.
7. It is made clear that the interim order, if any, already operating in favor of the petitioner shall remain in operation for a period of disposal of the representation filed by the petitioner.
8. Accordingly, the present writ petition stands disposed of.
9. Pending application(s), if any, shall also stand disposed of. (SAMEER JAIN),J JKP/21