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High Court Of ChhattisgarhWPS/2411/2019dismissed

Ishwari Prasad Kashyap v. State Of Chhattisgarh

2019-04-03Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 2411 of 2019 Ishwari Prasad Kashyap S/o Late Shri Chhabi Ram Kashyap, Aged About 52 Years, Presently Working As Panchayat Secretary, R/o Village Masani, Post Office - Kotari, Tahsil Lormi, Civil And Revenue District Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Rural Development Department, Mantralaya, Mahanandi Bhawan, Naya Raipur, District Raipur, Chhattisgarh

2. Chief Executive Officer, Zila Panchayat Mungeli, District Mungeli Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat Lormi, District Mungeli Chhattisgarh

4. Smt. Premlata Kashyap, Panchayat Secretary Attached To Janpad Panchayat Lormi, District Mungeli, Chhattisgarh ---- Respondents For Petitioner :

Shri Devesh G. Kela, Advocate For State :

Shri P. Acharya, P.L.

Hon'ble Shri Justice P. Sam Koshy Order On Board 03.04.2019 The challenge in the present writ petition is to the order Annexure P-6 dated 08.03.2019 transferring the petitioner from Gram Panchayat, Masana to Gram Panchayat, Mohtarakurmi.

2.

The only contention which the petitioner has raised is that the order of transfer has been passed without there being any recommendation made by the Gram Panchayat or for that matter by the Zila Panchayat. 3.

Perusal of the record would show that the petitioner has already served at Masana for two tenures, firstly between 2005 to 2009 and subsequently again from 2015 till the impugned order of transfer was passed on 08.03.2019. This reflects that the petitioner has already worked for about 9 years at that place and the present order of transfer has been passed after the petitioner having served at the present place of posting i.e. at Gram Panchayat, Masana for a period of about 4 years. Thus, it cannot be said that the order of transfer is bad in law or arbitrary. Moreover, the distance between the two Gram Panchayats is also not much which requires a judicial review of the transfer order by this Court under Article 226 of the Constitution of India.

4.

Accordingly, the writ petition being devoid of merit stands dismissed. 5.

However, in case the petitioner has any inconvenience, he may have the liberty of making suitable representation to the authority concerned ventilating his grievances.

Sd/- P. Sam Koshy Judge Khatai