PORUTHISSERY GRAMA PACHAYAT Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) THIS Original Petition has been filed by the Panchayat impugning the transfer of its Secretary. It is contended by the Panchayat that the Panchayat has passed a resolution to retain the services of the Secretary. Ext. P1 is the resolution. Contrary to the resolution, Government transferred the Secretary. The basis of the contention raised by the petitioner Panchayat is sub-s. (4) of S. 179 which reads as under : "the Government or any authority authorised by the government may, at any time, transfer Secretary from a Panchayat and shall do so if such transfer recommended by a resolution of the Panchayat passed at a special meeting called for the purpose and supported by a simple majority of votes of the allowed strength of the Panchayat". THIS provision makes it clear that the Government has power to transfer Secretary from one Panchayat to another. There is no fetter on that power. Second part of the section makes it clear that it is obligatory to the Government to transfer a Secretary, if the Pachayat requests for that. That does not enable a Panchayat to pass a resolution that a particular secretary shall be posted to that Panchayat and a particular Secretary shall be retained to that Panchayat. That is why the second part of the section makes it clear that "if such transfer is recommended by a resolution of the panchayat". So, the power of the Panchayat is only to request the Government to take away the services of an unwanted secretary and it cannot seek retention of its blue eyed boy as its Secretary. Therefore, the O. P. fails. Dismissed. No costs. . .