RAJENDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Learned counsel for the petitioner has placed on record, the Dasti notices, whereby, respondent No.4 (Goldy Bhardwaj) stands served. None has put in appearance on his behalf and therefore, he is proceeded against ex-parte.

(2.) The case of the petitioner, is that, the petitioner is Panchayat Secretary. He has assailed order dtd. 2/8/2023, transferring the petitioner from Gram Panchayat Kapahra to Gram Panchayat Sandyar, Development Block Ghumarwin, District Bilaspur, against a vacant post. The petitioner has stated that the transfer order is in violation of Clause 3.21 of the Transfer Policy, which provides that the Panchayat Secretaries/ Gram Panchayat Avam Vikas Adhikaries/Panchayat Sahak, will not be posted in their Home Panchayat and adjoining Panchayats. As per learned counsel for the petitioner the transferred station i.e. Gram Panchayat Sandyar is adjoining Panchayat of that being so, the impugned transfer on the face of it, is r the petitioner and contrary to Transfer Police.

(3.) Learned State Counsel has furnished the Instructions dtd. 26/12/2023 [taken on record], whereby, the State Authorities, have only relied upon the previous incumbency of the petitioner by stating that he remained posted in and around Bilaspur for more than 17 years; and the transfer was ordered on approval of the competent authority.