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Chhattisgarh High Court · body

2014 DIGILAW 281 (CHH)

Manish Jain v. State of Chhattisgarh

2014-07-25

PRASHANT KUMAR MISHRA

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ORAL ORDER 1. The petitioner, who is working as Assistant Grade-III in Janpad Panchayat Nawagarh, is aggrieved by the impugned transfer order issued by the Collector, Bemetara whereby he has been transferred in the same capacity to Janpad Panchayat, Saja. 2. Referring to Rule 27 of the Chhattisgarh Panchayat Service (Recruitment and General Conditions of Service) Rules, 1999, learned counsel for the petitioner would submit that the CEO, Zila Panchayat is the competent authority to pass the transfer order, therefore, in view of the Rules, the Collector of the district has no jurisdiction or authority to transfer an employee of Janpad Panchayat. 3. Learned State counsel would refer to clause 1 (i) of the transfer policy dated 5.6.2014 wherein it is provided that transfer of class-3 (non-executive) employees at the district level shall be made by the Collector on the recommendation/approval of Minister In-Charge of the district. Therefore, the impugned order is in accordance with transfer policy. 4. It is settled law that the transfer policy issued by the Government has no statutory backing and it is mere guidelines. (See Poonam Verma and others Vs. Delhi Development Authority, (2007) 13 SCC 154 Similarly, it is equally settled that provisions of any policy or guidelines or circular cannot override the provisions of any statutory provision, be it in the form of an Act of legislature or subordinate legislation. 5. For the foregoing, this Court is of the considered opinion that the impugned transfer order issued by the Collector of the district concerning the petitioner, who is employee of Janpad Panchayat, Nawagarh, is without jurisdiction, as the same has been passed in violation of Rule 27of the Rules, 1999. 6. Accordingly, the impugned order concerning the petitioner is quashed. However, the competent authority would be at liberty to pass fresh order keeping in view the administrative exigency. 7. The writ petition is accordingly disposed of.