Mor Singh Nagar vs The State Of Madhya Pradesh
2021 Latest Caselaw 5707 MP

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

(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'