BARIA PRABHUBHAI KALJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The learned counsel for the petitioner states that the petitioner has filed Civil Application No.73 of 1998 for amendment of this Special Civil Application. The papers of that Civil Application have been called for and the amendment which is sought to be made by petitioner has been perused.

(2.) Challenge has been made by the petitioner, a Deputy Engineer of the Government of Gujarat, to the order dated 30th December 1997 of respondent No.1 under which he was ordered to be transferred from District Panchayat Godhra to Amreli District Panchayat.

(3.) Challenge has been made by petitioner to this order on the ground that it is made in contravention of the Government Circular dated 15th December 1997, under which directions have been issued not to transfer the employees/officers appointed for the election work, after the notification of the election programme, either within or outside the Districts. The learned counsel for the petitioner contended, by way of amendment of the Special Civil Application, that the transfer is at the instance or the directions of the Hon'ble Minister of the Roads & Building Department, Shri C.K.Raolji, who belongs to the Rashtriya Janta Party (R.J.P.). Carrying this contention further, the learned counsel for the petitioner urged that the respondents have made the order of transfer of petitioner under the oral order and direction of the Hon'ble Minister concerned as 10 to 12 Sarpanchs, who belong to the R.J.P. of the Government have made a representation to the said Hon'ble Minister for transfer of the petitioner and that transfer has been ordered to be made after Assembly was dissolved. Lastly it has been contended that the Mamlatdar, Jhalod, has appointed the petitioner as Zonal Officer to conduct the elections to be held on 20.1.98 and 21.1.98 of the Gram Panchayats and as such, the petitioner could not have been transferred.