MOHAMMED Vs. DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) THIS writ petition is by the Executive Officer. Pulamanthole Panchayat to quash Ext. P1 order dated 12-10-1981 of the District panchayat Officer, Malapuram, transferring him from Pulamanthole Panchayat to mampad Panchayat. Ext. P1 order refers to an order E. 856750/81 dated 29-9-1981 of the 1st respondent the Director of Panchayats, Trivandrum, requiring the transfer of the petitioner from the Pulamanthole Panchayat Ext. P1 order is challenged as violative of Art. 14 of the Constitution for the reason that, according to the petitioner, the order is not in bona fide exercise of power of the Department and that it has been passed on extraneous considerations

(2.) IN the counter-affidavit filed on behalf of the 1st respondent it is stated in Para. 3 that the transfer was solely on account of a representation made by the President of the Pulamanthole Panchayat before the 1st respondent, requesting him to transfer the Executive Officer A copy of the representation of the President of the Panchayat to the 1st respondent is produced as Ext R1. IN Ext. R1 the President of the Panchayat alleges that the executive Officer is not co-operative for the developmental activities of the panchayat and hence he may be transferred.

(3.) THE impugned order Ext. P1 is in consequence of a direction of the Ist respondent dated 29-9-1981, contained in his letter addressed to the 2nd respondent. THE Ist respondent had thought it necessary to have an enquiry into Ext. R1 complaint by the President of the Panchayat and because there was some delay in conducting the enquiry and submitting a report, he has exercised his power of transfer of the petitioner and has accordingly given a direction for his immediate transfer.