AWADHESH KUMAR SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This order will govern the disposal of all aforesaid writ petitions. Since all the writ petitions are similar in nature, with the consent of parties matters were heard analogously and are decided by this common order.

(2.) It is relevant to mention here that in the present batch of petitions, in three cases Writ Petitions No.6615/2012, 6616/2012 and 6592/2012 the aforesaid transfer policy is called in question whereas in other cases the petitioners have challenged only orders of transfer passed by the Chief Executive Officer.

(3.) Learned counsel for the petitioners submit that by invoking section 95 of Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for brevity 'Adhiniyam') the statutory rules are framed which are known as "Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 (for brevity, '2011 Rules'). By placing reliance on rule 6(7) of 2011 Rules it is stated that as per statutory provision, the transfer of Panchayat Secretary on administrative ground can be made within the district in accordance with the transfer policy issued by the Commissioner, Panchayat Raj. To elaborate, the contention of petitioners is that the rule in no uncertain terms makes it clear that the transfer can be made only as per the transfer policy issued by the Commissioner, Panchayat Raj. By placing reliance on the transfer policy (Annexure P-2) dated 31.3.2012, it is submitted that this transfer policy is issued by Panchayat and Rural Development Department and not by the Commissioner, Panchayat Raj and, therefore, this policy cannot be invoked for the purpose of transfer of the Panchayat Secretaries by the Chief Executive Officer. Learned counsel for the petitioners have attacked the transfer order and the policy aforesaid on following counts:-