NARENDRA PANDEY Vs. STATE OF M. P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 5.7.2019 passed by the Chief Executive Officer, Zila Panchayat, Gwalior by which the petitioner has been transferred from Gram Panchayat Devgarh, Tahsil Bhitarwar, District Gwalior to Gram Panchayat Ghirora, Tahsil Dabra, District Gwalior.

(2.) It is submitted by the counsel for the petitioner that as per clause 11.4 of the transfer policy, the petitioner could not have been transferred prior to expiry of three years of his tenure. However, earlier the petitioner was placed under suspension and by order dated 14.1.2019 his suspension order was revoked and the petitioner was posted at Gram Panchayat Devgarh, Tahsil Bhitarwar, District Gwalior and thus the transfer order of the petitioner is bad. It is further submitted that although it is well established principle of law that the transfer policy is not enforceable but in view of the provisions of Rule 6(7) of Madhya Pradesh Panchayat Services (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011, the transfer policy has a binding effect.

(3.) Per contra, it is submitted by the counsel for the State that clause 11.4 of the transfer policy merely provides that generally a person can be transferred after completing three years of his tenure and, therefore, it cannot be said that there is a complete ban on transfer prior to expiry of three years.