Research › Search › Judgment

Madhya Pradesh High Court · body

2011 DIGILAW 574 (MP)

Omprakash v. State of Chhattisgarh

2011-05-08

SATISH K.AGNIHOTRI

body2011
ORDER Hon'ble Mr. Satish K. Agnihotri, J. 1. Challenge in this petition is to the transfer order dated 25-6-2010 (Annexure P-1), whereby the petitioner working as Panchayat Karmi (Secretary) in Gram Panchayat, Puhputra, Janpad Panchayat Lakhanpur, has been transferred to Gram Panchayat, Jamdi, Janpad Panchayat, Lundra. 2. The facts, briefly stated are that the petitioner was initially appointed by the Chief Executive Officer, Janpad Panchayat, Lakhanpur as Panchayat Karmi under the provisions of the Chhattisgarh Panchayat Service (Recruitment and General Conditions Services) Rules, 1999 (for short "the Rules, 1999"). Thereafter, the petitioner was appointed as Secretary under the provisions of Section 69 of the Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam, 1993"). 3. The ground of challenge as has been pleaded as also argued by the learned Counsel appearing for the petitioner is that, the Chief Executive Officer, Zila Panchayat, Surguja, is not competent to transfer the Panchayat Karmi (Secretary) to any other Janpad Panchayat without consent of the other Panchayat, as prescribed under Rule 27 of the Rules, 1999 and, as such, the transfer order is bad and not sustainable in the eyes of law. 4. Shri Sao, learned Counsel appearing for the State/respondent Nos. 1 and 3, submits that the appointment of the petitioner initially as Panchayat Kari under the guidelines dated 29-8-2008 (Annexure R-1) and thereafter, he was appointed as Panchayat Secretary under the provisions of Section 69 of the Adhiniyam, 1993. Thus, Rule 27 of the Rules, 1999 would not be applicable. 5. I have heard learned Counsel appearing for the parties, perused the pleadings and the documents appended thereto. 6. Section 70 of the Adhiniyam, 1993 provides for appointment of such other officers and servants as it considers necessary for the efficient discharge of its duties. It further provides qualification, method of recruitment, salaries, leave, allowance and other conditions of service including disciplinary matters of such officer and servants shall be such as may be prescribed.