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Background Facts

Rajiv Dhaiya, chairperson of NGO Suraz India Trust granted an interim order by the Rajasthan High Court on stay on his transfer issued by the Rajasthan government.

In the year In May 2017, Supreme Court forced an exemplary cost of Rs. 25 lakhs on the NGO for filing around 64 cases in various High Courts and Supreme Court. CJI JS Khehar had restricted the Trust & its Chairman, Rajiv Dahiya from filing any case, including PIL before any Court.

On March 26, 2021, the State of Rajasthan moved before the SC against the order of stay on transfer passed by the HC. 

The Bench on April 12 called for an affidavit from the government of Rajasthan to disclose the nature of employment that Rajiv Dhaiya, chairperson of NGO Suraz India Trust, clasps with it and expounding whether the activities being carried on by him are allowable. The court while hearing stated that it perused the affidavit filed by State.

Senior Advocate Manish Singhvi, counsel for the State of Rajasthan submitted in his reply that they have suspended him, transferred him, and even started disciplinary proceedings against him under appropriate and relevant rules.

Rajiv Dhaiya was directed to place on record his current sources of income, as he had submitted before the court that he is in the Government job. He was also ordered to present a complete list of his movable and immovable assets if any along with his last salary slip which shows the emoluments received by him and deductions being claimed.

On April 5, Mr. Dhaiya submitted that a government job refers to fact that he was a stenographer in a legal office but deployed with the State of Rajasthan. The Court asked the State of Rajasthan to verify the fact about the non-cooperative attitude of Mr. Daiya.

Court’s direction to Rajasthan High Court

The Bench headed by Justice SK Kaul and Justice Hemant Gupta

The Supreme Court has directed the High Court to bring into notice the orders that are passed by them and if required file an appropriate SLP be filed before SC with any interim orders subsisting tagged in the present matter.

What is your take on the direction of bringing into notice the order passed by SC? Tell us in the comments below.

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