Anek Singh Baghel vs The State Of Madhya Pradesh
2021 Latest Caselaw 6382 MP

                                                                              1                                 WA-903-2021
                                                    The High Court Of Madhya Pradesh
                                                                WA-903-2021
                                                      (ANEK SINGH BAGHEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                          2
                                          Gwalior, Dated : 04-10-2021
                                                   Shri D.S. Raghuvanshi, learned counsel for appellant.
                                                   Shri Ankur Mody, learned Additional Advocate General for
                                        respondent/State.

Learned counsel for appellant when confronted with the judgment of co-ordinate Bench of this Court dated 27.02.2021 in WA.31/2021 [Bharat

Singh Yadav Vs. State of M.P. & Ors.] submits that the transfer policy in the case of a Secretary of Gram Panchayat is statutory in nature for having been framed u/S. 6(7) of Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011. It is submitted by him that vide P-3, the Commissioner had earlier issued policy on 24.07.2014 which empowers the Chief Executive Officer of Zila Panchayat to transfer Gram Panchayat Secretary on the recommendation of the co- ordination committee of Zila Panchayat and not otherwise. It is submitted that in the present case there is no recommendation of co-ordination committee.

Learned counsel for State is directed to seek instructions as regards the applicability of 2014 policy and also produce the policy dated 26.06.2019 and 16.09.2019.

List along WA.902.2021 in the week commencing 18 October, 2021.

                                                (SHEEL NAGU)                              (DEEPAK KUMAR AGARWAL)
                                                   JUDGE                                               JUDGE


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PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA

DHARK PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1492fe82dc 3b1eef67eff2cb59f3ac97e920ac264de7828

AR , cn=PAWAN DHARKAR Date: 2021.10.05 10:38:09 +05'30'