NAWALA RAM Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(1.) The instant writ petition has been filed for quashing the impugned transfer order dated 4-7-1998 (Annexure-2), by which the petitioner, an Upper Division Clerk in Panchayat Samiti, Kuchaman City, district Nagaur, has been transferred to Zila Parishad, Pali.

(2.) The facts and circumstances giving rise to this case are that the petitioner had been working as an Upper Division Clerk in Panchayat Samiti, Kuchaman City, Zila Parishad, Nagaur and by the said impugned order, he has been transferred to Zila Parishad, Pali. The grounds of challenge are purely on interpretation of the statutory provisions. Mr. M.C. Bhoot has urged only following two grounds : the statutory provisions do not permit to transfer the employees of the Panchayat Samiti of one district to the Zila Parishad of another district: and (ii) an employee of a Panchayat Samiti or Zila Parishad can be transferred by the State Government to another Panchayat Samiti or Zila Parishad either on his own request, or on the recommendation made by the Panchayat Samiti or Zila Parishad and State Government cannot pass the transfer order suo motu. To fortify his submissions, Mr. Bhoot has referred to and relied upon the relevant statutory provisions of the Rajasthan Panchayati Raj Act, 1994 (hereinafter called "the Act") and the Rajasthan Panchayati Raj Rules, 1996 (hereinafter called "the Rules"), which read as under :

(3.) Mr. Bhoot has contended that the language of the aforesaid provisions of the Act and the Rules is quite clear that an employee of a Panchayat Samiti can be transferred to the Panchayat Samiti of the same district, or another district, or to the Zila Parishad of the same district but an employee of a Panchayat Samiti cannot be transferred to the other Zila Parishad, for the reason that in the second part of sub-section (8-A) the words "whether within the same district or outside it" have not been incorporated by the legislature. Therefore, these provisions can be interpreted only by holding that an employee of a Panchayat Samiti cannot be transferred to another Zila Parishad. Mr. Bhoot has submitted that while interpreting the statutory provisions, it is not permissible for the Court to add or substract any words in the statutory provisions and it has to be read and given a plain meaning to the provision.