DHANNALAL SHIVHARE Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2021-4-19
HIGH COURT OF MADHYA PRADESH
Decided on April 06,2021

Dhannalal Shivhare Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

Anand Pathak,J. - (1.) The instant writ appeal preferred under Clause 2 of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 against the order dated 13.10.2020 passed in W.P.No.15507/2020 whereby writ petition preferred by the appellant as petitioner has been dismissed.
(2.) Appellant/Petitioner is working as Panchayat Secretary within District Guna and he has been transferred vide impugned order dated 26.09.2020 of writ petition by which he has been transferred from Gram Panchayat Kailadibeeran to Gram Panchayat Bijanipura and this is the source of discontent for the appellant and therefore, he approached the Court by filing writ petition under Article 226 of Constitution of India mainly on the ground that the transfer order dated 26.09.2020 has been issued by CEO Janpad Panchayat, Chanchoda, District Guna, whereas competent authority of petitioner is Collector to exercise the power under Section 69(1) M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, and only the CEO Zila Panchayat can issue the transfer order. He relied upon the circular dated 25.06.2019.
(3.) Counsel for respondent/State opposed the prayer and supported the impugned order by making submission that CEO Zila Panchayat is the Appointing Authority for Panchayat Secretary in terms of the M.P. Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011 and the CEO Zila Panchayat has approved the transfer order which is reflected from the transfer order itself, therefore, effectively transfer order has been issued by the CEO Zila Panchayat. It is routine administrative transfer, therefore, it was in accordance with Rules 6 and 7 of the Rules 2011. No infirmity exists in transfer order and therefore, prayed for dismissal of the appeal.;


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