Anil Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (S) No.

of 201 Anil Kumar Gupta, S/o Shri Prayag Gupta, aged about 37 years, Posted as Secretary at Gram Panchayat Salka, Police Station -Darima, Janpad Panchayat Lakhanpur, Distt. Surguja (C.G.) ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Panchayat Department, Mahanadi Bhawan, New Raipur, Distt. Raipur (C.G.)

2. The Chief Executive Officer, Jila Panchayat, Surguja, Ambikapur, District Surguja (C.G.)

3. The Janpad Panchayat, Lakhanpur, through is Chief Executive Officer, Lakhanpur, District Surguja (C.G.) ---- Respondents For Petitioner:

Mr. Rakesh Pandey, Advocate.

For Respondents/State: Mr. D.R. Minj, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 3 /201 Heard.

(1) Learned counsel for the petitioner would submit that the petitioner has been transferred from one Janpad Panchayat to another Janpad Panchyat contrary to the Rule 27 of the Panchayat Service (Recruitment & General Conditions of Services) Rules, 1999, as according to which, without consent of both the Janpad Panchayats the petitioner cannot be transferred from one Janpad Panchayat to another Janpad Panchayat and, therefore, he may be allowed to make

representation to the State Government for redressal of his grievances and the same may be directed to be decided within the specific time frame.

(2) Prayer appears to be fair & reasonable.

(3) Be that as it may, if the petitioner prefers representation before the State Government within a period of two weeks from today, it is directed to be decided by the authority concerned within a period of three weeks from the receipt thereof.

(4) For the period of five weeks, no coercive steps shall be taken against the petitioner.

(5) With the aforesaid observations, the writ petition stands finally disposed of.

Sd/- (Sanjay K. Agrawal) Judge D/-