KERA RAM Vs. STATE OF RAJ AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner seeking to assail the order Annex. dated 13.1.2002, whereby the petitioner, working as Gram Sewak, Gram Panchayat Nimbau, District Jalore has been transferred to the post of Gram Sewak, Sankhada, Panchayat Samiti Pokaran, Dist. Jaisalmer. This order has been passed purportedly on the recommendations of the Village Level Vigilance Committee, and the transfer has been ordered exercising powers conferred by the State Government vide Circular Gr. 1/99 dated 2.7.99.

(2.) According to the petitioner there was some dispute between the petitioner and the Sarpanch, as the Sarpanch pressurised the petitioner to sign the cheques, so as to enable the Sarpanch to withdraw money from the Panchayat Fund for his own use, to which the petitioner declined, on the ground that he can sign only those cheques which are against genuine payment for the work done by the Gram Panchayat, and the Panchayat Fund cannot be used by the Sarpanch for his own use, as it can be used only for development purposes.

(3.) According to the petitioner the Village Level Vigilance Committee was constituted on 11.8.2001, wherein the Sarpanch was Chairman, Hari Ram Bishnoi, Headmaster, and Smt. Phooli Devi Ward Member were nominated as members of the Committee, and one post of member to be filled by the senior most retired employee was vacant, as no member as available. It is in this background that the order Annex. 1 dated 31.1.2002 has been passed on the complaint of the Village Level Vigilance Committee. According to the petitioner on receipt of this order he contacted the members of the Committee, whereupon Shri Hari Ram Bishnoi, Headmaster, and Smt. Phooli Devi, Ward Member stated that they have never sent any such resolution or complaint of Village Level Vigilance Committee on 30.1.2002 to the Divisional Commissioner, and the Sarpanch only informed that he had made a complaint against the petitioner before the Division Commissioner in the name of Village Level Vigilance Committee of Gram Panchayat, and he has done so because the petitioner has refused to sign the cheques. With these facts it has been contended that the Divisional Commissioner has no jurisdiction, under the Service Rules, or any other rules, to transfer any employee from one district to another district. In other words the order Annex. 1 has been contended to be wholly without jurisdiction. A reference has been made in the writ petition to the earlier judgments of this Court in S.B. Civil Writ Petition No. 3664/2000, Atma Prakash Vs. State of Rajasthan decided on 7.10.2000 and S.B. Civil Writ Petition No. 1296/2001, Bali Devi Vs. State of Rajasthan, decided on 23.8.2001 wherein it has been held that the order dated 2.7.99 is unenforceable. A prayer has been made for quashing Annex. 1.