NABENDRA NATH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.A. Sheikh, learned counsel for the petitioner, who submits that the petitioner was transferred to Geravita G.P under the Chapar Salkocha Block vide Order dated 06.11.2020. Thereafter, the petitioner was transferred to Bahir Suapata G.P under the Bilasipara Block vide the impugned Order dated 26.02.2021. He submits that the petitioner has been transferred prior to 4 (four) months being completed in his present place of posting.

(2.) Mr. A. Roy, learned counsel for the respondents, submits that in terms of corrigendum No.PDA.359/2016/97A dated 11.09.2017, a G.P. Secretary cannot be posted in the Home Gaon Panchayat. As the petitioner's Home Gaon Panchayat is Geravita as per his service book, there is no infirmity with the transfer of the petitioner, as a mistake that had occurred earlier has been rectified. He has also submitted a letter dated 10.02.2021 issued by the CEO, Zilla Parishad, Dhubri, which states as per records available in the service book, the petitioner's home G.P. is Geravita.

(3.) Mr. M. A. Sheikh, learned counsel for the petitioner, submits that as per the Office Memorandum dated 08.07.2020 issued by the Panchayat and Rural Development Department, in case of a transfer of a Secretary, Gaon Panchayat, who has a tenure of less than 2 years, then the CEO will have to take permission from the Commissioner, Panchayat and Rural Development Department, justifying the reasons for such transfer. As no justification had been made and neither the permission of the Commissioner, Panchayat and Rural Development Department taken, the impugned transfer order dated 26.02.2021 should be set aside.