AMRITA BADA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for following reliefs:-

(2.) Facts of the case, is that, writ petition is being preferred against the impugned order dtd. 20/1/2025 (Annexure P/1), whereby without there being any administrative exigency, the respondent No. 2 has transferred the services of petitioner from Gram Panchayat, Amaldiha to Gram Panchayat, Lawakera, only to accommodate the respondent No. 4 in place of petitioner. It is submitted that the respondent No. 1 has issued guidelines in respect of services of Panchayat Karmis/Secretaries and Clause-8 of the said guidelines/circular provides that the Chief Executive Officer of Zila Panchayat shall transfer the services of Panchayat Secretary only after recommendation of the Chief Executive Officer of Janpad Panchayat, but in the instant case, there is no approval or recommendation made by the respondent No. 3 for transferring the services of petitioner, therefore the impugned transfer order is contrary to the policy/guidelines issued by the respondent no. 1.

(3.) Learned counsel for the petitioner submits that the order impugned is arbitrary and against all canon of administrative law. He further submits that the respondent No. 1 has issued guidelines in respect of services of Panchayat Karmis/ Secretaries and Clause-8 of the said guidelines/ circular provides that the Chief Executive Officer of Zila Panchayat shall transfer the services of Panchayat Secretary only after recommendation of the Chief Executive Officer of Janpad Panchayat. Hence, it is prayed that the impugned transfer order may be quashed.