SOM DUTT Vs. STATE OF H.P.

JUDGEMENT

(1.) By means of this petition, the petitioner, who is working as Panchayat Secretary, has laid challenge to the order dated 31st May, 2011 whereby he has been transferred from Gram Panchayat Chamengi to Gram Panchayat Dhar Tikkari.

(2.) The main grounds raised by the petitioner are that respondent Yad Ram is the brother of Smt. Indira Devi, Pradhan of Gram Panchayat Chamengi and therefore cannot be posted there. It is also contended that the petitioner has two young children to look after and therefore he may not be transferred from Gram Panchayat Chamengi. The petitioner has been working as Secretary of the Gram Panchayat Chamengi since January, 2009. It is not disputed that Chamengi is only at a distance of 10 kilometers from Gram Panchayat Dhar Tikkari. The grievance of the petitioner is that his children are studying in 1st and 2nd standard and he has also to look after his father. These are not matters where the Court would intervene. It is for the administrative department to look into these aspects of the matter.

(3.) The only legal issue is whether in view of Rule 137 of the H.P.Panchayati Raj (General) Rules, 1997 Shri Yad Ram could be transferred at a place where the Pradhan was his sister. From the facts proved on record, it is apparent that Smt. Indira Devi is not the real sister of Yad Ram but in fact is his first cousin.