Krishna Nagwanshi vs The State Of Madhya Pradesh
2021 Latest Caselaw 5201 MP

                                                        1                               WP-17530-2021
                              The High Court Of Madhya Pradesh
                                         WP-17530-2021
                               (KRISHNA NAGWANSHI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                      1
                      Jabalpur, Dated : 08-09-2021
                            Heard through Video Conferencing.
                            Shri Utkarsh Agrawal, learned counsel for the petitioner.
                            Shri Rahul Deshmukh, learned PL for the respondents/State.

Petitioner has filed this petition challenging transfer order dated 31.08.2021, contained in Annexure P/1.

Counsel appearing for the petitioner submitted that petitioner has been transferred out from Janpad Panchayat Parasia to Janpad Panchayat Amarwada. Since petitioner has been transferred out of Janpad Panchayat, therefore, transfer order ought to have been passed by the Collector. It is submitted that Government of M.P., Department of Panchayat and Rural Development has framed a policy dated 26.03.2018 to effect the transfer of Panchayat Secretaries. As per this policy, if transfer is to be made within district from one Janpad Panchayat to another Japand Panchayat then same shall be done only on availability of vacant post and order has to be passed

by the Collector as per proposal of both the Janpad Panchayats. In view of the same, it is submitted by the counsel appearing for the petitioner that order is passed by incompetent authority and same is contrary to the policy framed by the State Government.

Panel Lawyer appearing for the State submitted that there is no illegality in the impugned transfer order.

Heard the counsel for the petitioner as well as respondents. Division Bench of this Court has already considered the transfer policy issued by Secretary, Panchayat and Rural Development Department, dated 26.09.2011 in a judgment reported in 2016 (1) M.P.L.J. 29, Gram Panchayat, Hardi vs Anil Dixit and others. In para 9 of said judgment, the

Signature Not Division Bench has held that document Annexure P/10 cannot be treated as SAN Verified

Digitally signed by VINOD KUMAR TIWARI Date: 2021.09.09 16:31:46 IST 2 WP-17530-2021 policy document which is not issued in name of Governor. Further, after considering the policy and rules and the judgment reported in I.L.R. (2007) M.P. 1329, R.S. Choudhary vs State of M.P. and others, writ appeal was allowed and transfer orders were restored. Identical policy has been relied upon by petitioner i.e. dated 26.03.2018. This policy has also been issued by Secretary, Panchayat and Rural Development Department and clauses relied

upon by petitioner in policy dated 26.03.2018 are identical to clauses which have been considered by the Division Bench of this Court.

In view of same, petitioner is granted an opportunity to go through the judgment of the Division Bench of this Court reported in 2016 (1) M.P.L.J. 29 and make submissions before this Court.

List the matter on 13.09.2021.

                                                                            (VISHAL DHAGAT)
                                                                                 JUDGE


                      vkt




Signature
 SAN      Not
Verified

Digitally signed by
VINOD KUMAR
TIWARI
Date: 2021.09.09
16:31:46 IST