RAMESH BHABAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner/ a Panchayat Secretary under Article 226 of the Constitution of India against the transfer order dtd. 07/07/2023, passed by respondent No.2 Chief Executive Officer, Jija Panchayat, Indore (M.P.) whereby the petitioner has been transferred from Gram Panchayat, Rangwasa, Janpad Panchayat, Indore to Gram Panchayat, Jafarabad, Janpad Panchayat, Mhow.

(2.) The order has been assailed by the petitioner on the ground that it does not comply with the mandatory provisions as prescribed under Rule 15(j) of M.P. Jila Panchayat (Business) Rules, 1998 (hereinafter referred to as 'Rules of 1998'), which clearly provides that all the cases including transfers etc. shall be brought for decision before the General Administrative Committee as prescribed under the aforesaid rules. In support of his submissions, learned counsel for the petitioner has also relied upon a decision rendered in the case of Rakesh Kumar Shakya vs. State of M.P. and another reported as 2010 (1) MPLJ 656 in which, the issue of transfer of Secretary of Gram Panchayat has been specifically dealt with, and in which the Court has relied upon the transfer policy dtd. 26/03/2018 which is framed in line with the provisions of Rules of 1998.

(3.) Shri L.C. Patne, learned counsel for the petitioner has also submitted that the powers of transfer vests with the Chief Executive Officer of Jila Panchayat as provided under M.P. Panchayat Services (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 (hereinafter referred to as 'Rules of 2011'), and attention of this court is also drawn to Rule 3(b) and 3(d) of Rules of 1994, which provides for appointment of Gram Panchayat Secretary by Chief Executive Officer of Zila Panchayat in Gram Panchayats coming under its control. It is also submitted that even according to Sub Rule (7) of Rule 6 of Rules of 2011, Gram Panchayat Secretary may be transferred on administrative exigency by the Chief Executive Officer, however, it is also submitted that while transferring such Secretary, adherence of Rules of 1998 is mandatory which is apparent from Rules of 1998 itself. Thus, it is submitted that the impugned being contrary to law is liable to be set aside.