GANPAT LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE vires of section 310-A of the Rajasthan Municipalities Act, 1959 and Rule 38 of the Rajasthan Municipal (Subordinate and Ministerial Services) Rules, 1963 were challenged. THE vires have been upheld by this court in Ramesh Chand Kachhawaha v/s State of Rajasthan (D. B. Civil Writ Petition No. 6813/1992 decided on 8th July,1993.)

(2.) IT was then argued that the Rule 38 empowers the Director to make transfer of the employees within the District, whereas in this case, the transfer has been made by the State Government. On the face of it, it looks to be an attractive argument, but if this argument is to be considered in the light of Section 310-A of the Rajasthan Municipalities Act, it appears that the aforesaid provisions of the Act give power to the State Government to make transfer. but the State Government can regulate the transfer by making Rules. IT means that the State Government will have the power to make transfer, but by the Rule Making Authority, it may delegate the power to a Subordinate Authority and rule 38 was enacted in this behalf and it says that persons appointed to the service may be transferred from one Board to another and such a power may be exercised by the Director in case transfer is from one Board to another in the same district. By the way of clarification and in support of the section, it was clarified in the Rules that when transfer is to be made from a Board in one district to a Board in another district, the State Government would be the transferring Authority.