HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 43888 of 2011 Petitioner :- Jhabbu Lal Respondent :- State Of U.P. And Others Petitioner Counsel :- Neeraj Tripathi Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
Supplementary affidavit filed today, the same may be placed on record.
The petitioner is a Gram Panchayat Adhikari. He has been transferred from Block Puranpur to Block Marauri by the District Panchayat Raj Officer, Pilibhit.
Learned counsel for the petitioner submitted that in view of the order of the District Magistrate, Pilibhit dated 31.8.2006 on the recommendation of the Chief Development Officer, the District Magistrate can only transfer the Gram Vikas Adhikari.
Learned Standing Counsel submitted that under Rule 3 (a) of the U.P. Panchayat Sewak Service Rules, 1978, the District Panchayat Raj Officer is the appointing authority of Gram Panchayat Adhikari and, therefore, he has a right to transfer.
In case if the contention of the learned Standing Counsel is accepted then the District Magistrate, Pilibhit is directed to show cause that under which authority of law he had issued the order dated 31.8.2006.
Put up on 10.8.2011 as fresh. Meanwhile, learned Standing Counsel is directed to seek instruction in the matter.
Order Date :- 4.8.2011 OP