- (1.) SECTION 33 -A of the Jharkhand Agriculture Produce Markets Act, 2000 stipulates the establishment of a Jharkhand Agriculture Marketing Board. This Board has to be established for the purpose of exercising superintendence and control over the market committees and for exercising other powers conferred upon it by the State Government. The Board has to be headed by a Managing Director and has to have other members appointed to it.
(2.) RULE 64(ii)(c) of the Bihar Agricultural Produce Markets Rules, 1975 clearly suggests that overall control and superintendence over the employees shall be exercised by the Board, which means that it is the Board alone which can transfer employees from one place to another. Admittedly, in the present case, the appellant has been transferred by order of the Managing Director and not the Board. It is conceded by Mr. V.P. Singh, learned counsel appearing on behalf of the respondents that in the State of Jharkhand, the Board has not been constituted and it is because of non -constitution of the Board that the impugned order of transfer had to be passed by the Managing Director. Mr. V.P. Singh actually clarifies and elaborates his submission by saying that only the Managing Director has been appointed, even though members have not been appointed. Based on the aforesaid observation, we have no doubt that the impugned order of transfer ex -facie, has been passed by an authority who had no power or jurisdiction to do so. This view of ours is fortified by a Full Bench judgment of the Patna High Court in the case of D.K. Akela v. Bihar State Agricultural Marketing Board, reported in 1984 PLJR 974. May be that whatever activities are being carried out in the name of the Marketing Board lack the requisite legal sanction because of non -constitution of the Board; as such, we leave that issue open for the present.
(3.) THE appeal is admitted.;