KAUSHAL KISHORE BAJPAT Vs. D P R O

JUDGEMENT

(1.) This is a writ petition for issuing a writ of certiorari to quash the transfer order dated 31st October, 2003 as contained in Annexure-1.

(2.) The petitioner is Gram Panchayat Vikas Adhikari. He is posted in Block Asoha Nyaya Panchayat Sahrawan, district Unnao, since the year 1999. He has been transferred to Gram Panchayat Vishunpur Bichhiya. It is alleged that he has been transferred on the complaint of Shri Udai Raj Yadav, a Member of State Legislative Assembly. The transfer order has been passed without following the procedure in the Government Order dated 6.3.2002 Annexure-No. 3. The transfer order has been passed due to political pressure. Government Order Annexure-No. 3 dated 6.3.2002 lays down the policy of the transfer of Gram Panchayat Vikas Adhikari. It is provided in the policy that in view of decentralisation of the power generally Gram Panchayat Vikas Adhikari will not be transferred but in a special circumstances he can be transferred on the administrative ground on the basis of a resolution by a majority of the members of the Gram Sabha or unanimously passed resolution of Gram Panchayat.

(3.) It is well settled that this Court can interfere with an order of transfer under Article 226 of the Constitution on very limited grounds namely that the transfer order has been passed contrary to any statutory provision or has been passed by a person who has no authority to do so or is mala fide. See Mrs. Silpi Bose v. State of Bihar, AIR 1991 SC 532 and Union of India v. S.L. Abbas, AIR 1993 SC 2444. In the facts and circumstances of the present case no such ground has been made out which may warrant interference by this Court.