STATE OF M.P. Vs. RAMESH BHABAR

JUDGEMENT

(1.) Heard finally with the consent of both the parties. The present writ appeal is filed under Sec. 2(1) of M.P. Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dtd. 21/11/2023, whereby W.P. No.16689/2023 has been allowed by quashing the transfer order dtd. 7/7/2023 passed by C.E.O. Zila Panchayat, Indore, whereby the writ petitioner has been transferred from Gram Panchayat, Rangwasa, Janpad Panchayat, Indore to Gram Panchayat, Jafarabad, Janpad Panchayat, Mhow.

(2.) The respondent No.1/writ petitioner was appointed and working as Panchayat Secretary and his services are governed under the M.P. Panchayat Services (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 (hereinafter referred to as "2011 Rules"). Vide impugned order dtd. 7/7/2023 issued by C.E.O, Zila Panchayat, Indore, he has been transferred from Gram Panchayat, Rangwasa, Janpad Panchayat, Indore to Gram Panchayat, Jafarabad, Janpad Panchayat, Mhow on administrative ground. The writ petitioner rushed to this Court challenging the transfer order by placing reliance on a judgment in the case of Rakesh Kumar Shakya vs. State of M.P. and another reported in 2010 (1) MPLJ 656 and also on the ground that he has been transferred to accommodate respondent No.4 Naresh Dubey. The writ petitioner submitted a representation describing that due to family reasons he is unable to join the transfer place which is 90 km away from his house hence, the transfer order be cancelled.

(3.) The writ petitioner raised a ground in the writ petition that the respondent No.3 has issued the transfer order without jurisdiction as much as the proposal of transfer was not brought before the General Administrative Committee of the Zila Panchayat, Dewas in accordance with the procedure laid down in the act or rules made thereunder, as made mandate under Rule 15(j) of the M.P. Jila Panchayat (Business) Rules 1998 (hereinafter referred to as "Rules of 1998". Since the matter was not placed before the GAC, therefore, there is no such resolution for transfer of the writ petitioner.