The Supreme Court has asked the Acting Chief Justice of the Rajasthan High Court to reconsider a senior judge’s transfer plea within two weeks. The court noted his outstanding service record, health concerns, and proximity to retirement.
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NEW DELHI: The Supreme Court disposed of a petition filed by a senior judicial officer of the Rajasthan Higher Judicial Service challenging his frequent transfers, while directing the Acting Chief Justice of the Rajasthan High Court to consider his case sympathetically.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M. Pancholi asked Acting Chief Justice Sanjeev Prakash Sharma to take an appropriate decision in consultation with the High Court’s administrative committee of judges, preferably within two weeks.
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The petitioner, Dinesh Kumar Gupta, currently serving as District and Sessions Judge, Jalore, had approached the apex court expressing concern over his recent transfer. The Supreme Court observed that Gupta’s earlier postings were based on his “outstanding service record” and could not be construed as a punitive measure.
The bench specifically noted that Gupta had previously held significant positions, including:
- Member, State Legal Services Authority
- Director (Law), Jaipur Development Authority (JDA)
According to the court, these assignments reflected administrative confidence in his capabilities rather than any adverse action.
In his petition, Gupta highlighted that he has approximately 10 months of service left before superannuation and is suffering from serious health issues that require ongoing medical treatment in Jaipur. He argued that his posting in Jalore posed practical difficulties due to his medical condition and distance from healthcare facilities.
Gupta had requested a posting near Jaipur in a role commensurate with his senior rank, citing humanitarian and medical grounds.
While disposing of the petition, the Supreme Court took note of the fact that Gupta had already submitted a detailed representation to the Rajasthan High Court on December 3 regarding his transfer and personal circumstances.
The apex court refrained from passing a direct order on the transfer but emphasized that the matter deserved empathetic consideration by the High Court administration.
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