RAJESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide 73rd Amendment to the Constitution of India, the Panchayati Raj Institution was significantly empowered by bringing 29 vital departments, as listed in the 11th Schedule, under its jurisdiction. In furtherance of the said constitutional mandate, the Rural Development and Panchayati Raj Department, Rajasthan took an administrative decision to transfer certain activities, including financial resources and personnel, from the earlier respective departments to the Panchayati Raj Department. For smooth devolution of power, the State of Rajasthan also enacted the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011, envisaging legal framework governing the transfer of State Government employees. Notably, Rule 8 of these rules explicitly stipulates the mode and manner of the transfer of employees.

(2.) In all the petitions, as per Appendix A, B and C of the instant order, common assertion is that not only the transfers of petitioners are in mechanical exercise of mind but also in blatant non-compliance of applicable Rules. Facts of individual cases are thus not being gone into, as what is under challenge herein simplicitor is the procedure, legality and the administrative propriety of the transfers/postings of the petitioners. Vide this common order, all the Appendix [(A) to (C)], ibid are being disposed of as similar issues are involved therein.

(3.) First and foremost, reference may be had to Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (for short 2011 Rules), in particular Rule 8 thereof, which reads as under:-