KANTILAL MANILAL Vs. STATE OF GUJARAT & OTHERS
LAWS(GJH)-1988-11-12
HIGH COURT OF GUJARAT
Decided on November 19,1988

KANTILAL MANILAL Appellant
VERSUS
State of Gujarat and Others Respondents

JUDGEMENT

- (1.)It is apparent from the provisions of Section 207 Gujarat Panchayats Act that the moment the employee is transferred and resumes duty under the Panchayat that Panchayat has to pay the salary and the allowances of such employee. Not only that, he is also placed under the disciplinary control of the Panchayat under which he is posted, as provided in sub-section (5) of Section 207. When such employee is posted under a particular Panchayat on deputation that Panchayat is obliged to pay the salary and allowances of the emplayee and the employee is also subject to the disciplinary jurisdiction of such Panchayat. It can never be accepted that the Panchayat has no power to transfer the employee within its jurisdiction and on the same post. It should be held that it is within the power and authority of the Panchayat to transfer the employee to the said post within its jurisdiction.(Para 8)
Rule discharged.

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