1 W.P.No.11956/2021
(Mor Singh Vs. State of M.P. and others)
Indore : Dated 20.9.2021
Shri Jitendra Verma, learned counsel for the petitioner.
Shri S.H.Karanjawala, learned Govt.Advocate for the
respondents/State.
This writ petition under Article 226 of the Constitution of India by a Panchayat Secretary is directed taking exception to the impugned order of transfer dated 2.7.2021, whereby petitioner has been transferred within the same Janpad Panchayat, Narsinghgarh, District Rajgarh.
Learned counsel for the petitioner submits that petitioner's appointing authority is Chief Executive Officer, therefore, he could not have been transferred by the authority other than the Chief Executive Officer. Hence, the impugned order of transfer passed by Director, Panchayatraj, Bhopal is without jurisdiction. Learned counsel further submits that the impugned order is contrary to the law laid down by the Division Bench of Gwalior Bench of this Court and thirdly, he submits that transfer order is malafide.
As regards first contention, undisputedly the Director, Panchayatraj is higher authority than the Chief Executive Officer. Hence, the impugned order cannot be said to have been passed by authority not competent to pass the order, particularly in the matter of transfer in the realm of administrative functions. Director, Panchayat has over all control over the employees serve in Panchayats. That apart, the order under which the petitioner continued at the present place of posting was 2 W.P.No.11956/2021 (Mor Singh Vs. State of M.P. and others) also issued by the Director, Panchayat. As regards contention No.2 the Division Bench judgment is of no assistance to the petitioner as in the instant case petitioner has been transferred within the same District and are within the same Janpad Panchayat. As regards third contention, though it is alleged to be malafide, however, no allegation of malafide is attributed against the authority nor the said authority is made party to the proceedings..
At this stage learned counsel for the respondents/State submits that respondent No.5 has already joined at the present place of posting i.e. Gram Panchayat, Palkhedi.
Before parting with the case it is considered apposite to observe that transfer is an incidence of service and not a condition of the service. Every government employee incurs the liability of serving the State at different place of posting. Complaint of Article 14 read with Article 16 of the Constitution of India, in the opinion of this Court, generally misplaced in the matter of transfer. In the obtaining facts and circumstances no interference is warranted under Article 226 of the Constitution of India.
Consequently, this Court finds no substance in the writ petition. The writ petition sans merits and is dismissed for the aforesaid reasons.
(Rohit Arya) Judge Patil Digitally signed by SHAILESH PATIL Date: 2021.09.20 18:03:52 +05'30'