MANISH JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner, who is working as Assistant Grade -III in Janpad Panchayat Nawagarh, is aggrieved by the impugned transfer order issued by the Collector, Bemetara whereby he has been transferred in the same capacity to Janpad Panchayat, Saja.

(2.) REFERRING to Rule 27 of the Chhattisgarh Panchayat Service (Recruitment and General Conditions of Service) Rules, 1999, learned counsel for the petitioner would submit that the CEO, Zila Panchayat is the competent authority to pass the transfer order, therefore, in view of the Rules, the Collector of the district has no jurisdiction or authority to transfer an employee of Janpad Panchayat.

(3.) IT is settled law that the transfer policy issued by the Government has no statutory backing and it is mere guidelines. {See Poonam Verma and others Vs. Delhi Development Authority : (2007) 13 SCC 154 Similarly, it is equally settled that provisions of any policy or guidelines or circular cannot override the provisions of any statutory provision, be it in the form of an Act of legislature or subordinate legislation.