LAWS(RAJ)-2022-9-49

DEVILAL PARGI Vs. STATE OF RAJASTHAN

Decided On September 07, 2022
Devilal Pargi Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners aggrieved against the order dtd. 28/7/2022 (Annex. 1), whereby, the petitioners - Gram Vikas Adhikari, have been transferred from Panchayat Samiti, Ghatol, to Panchayat Samiti, Kushalgarh, pursuant to the decision of the District Establishment Committee of the Zila Parishad, Banswara.

(2.) Learned counsel for the petitioners made submissions that the action of the respondents in passing the order dtd. 28/7/2022 is contrary to the provisions of Rule 289 of the Rajasthan Panchayati Raj Rules, 1996, inasmuch as, the District Establishment Committee can only make a recommendation, whereas, it has taken a decision to transfer the petitioners and that the order impugned has been passed by the Chief Executive Officer, Zila Parishad, Banswara, who has no jurisdiction to pass the order.

(3.) I have considered the submissions made by learned counsel for the petitioners and have perused the material available on record.