Madhya Pradesh High Court
Ranbahadur Singh vs The State Of Madhya Pradesh on 16 November, 2022
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 16th OF NOVEMBER, 2022
WRIT PETITION No. 26205 of 2022
BETWEEN:-
RANBAHADUR SINGH S/O SHRI SURYADEEN
SINGH, AGED ABOUT 52 YEARS, OCCUPATION:
PANCHAYAT SACHIV GRAM PNCHAYAT
UMARIYA JANPAD PANCHAYAT KUSMI
DISTRICT SIDHI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI G.S. BAGHEL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY PANCHAYAT AND
RURAL DEVELOPMENT DEPARTMENT
MANTRALAYA VALLABH BHAWAN, BHOPAL
(MADHYA PRADESH)
2. DIRECTOR PANCHAYAT RAJ DIRECTORATE
BHOPAL (MADHYA PRADESH)
3. COLLECTOR SIDHI DISTRICT SIDHI (MADHYA
PRADESH)
4. JILA PANCHAYAT SIDHI THROUGH ITS CHIEF
EXECUTIVE OFFICER JILA PANCHAYAT SIDHI
DISTRICT SIDHI (MADHYA PRADESH)
5. JANPAD PANCHAYAT KUSMI THROUGH ITS
CHIEF EXECUTIVE OFFICER JANPAD
PANCHAYAT KUSMI DISTRICT SIDHI (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI SWAPNIL GANGULYT - DY. AG )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Signature Not Verified Signed by: VARSHA SINGH Signing time: 11/18/2022 5:08:34 PM 2 Assailing the order dated 11/10/2022 (Annexure P/1) by which the petitioner who is working as Panchayat Secretary, is being sought to be transferred from Gram Panchayat Umariya, Janpad Panchayat Kusmi, District Sidhi to Gram Panchayat Chingavah, Janpad Panchayat Kusmi.
Learned counsel for the petitioner submits that vide order dated 10/12/2021 contained in Annexure-P/2, the petitioner was transferred to the present place of posting and even before expiry of one year, the petitioner again is being shifted to Gram Panchayat Chingavah, Janpad Panchayat Kusmi.
Learned counsel for the petitioner also contends that there could not have been any transfer after 5/10/2022 in terms of the circular dated 16/9/2022 (page
29). It is also contended by the counsel for the petitioner that the place of transfer is at a distance of 80 Kms. and the petitioner is a patient of paralysis, therefore, submits that the authority concerned be directed to take decision on petitioner's representation which is contained in Annexure-P/4 and till decision on the representation, the petitioner is allowed to continue at his present place of posting inasmuch as, the petitioner has neither been relieved nor has handed over the charge. Learned counsel for the State submits that the representation of the petitioner shall be dealt with by the respondent concerned in accordance with law.
I n view of the aforesaid, without expressing anything on merits, respondent No.4, is directed to take decision on petitioner's representation which is contained in Annexure-P/4 within a period of 30 days from the date of production of certified copy of this order by passing a well reasoned and speaking order in accordance with law.
I f the certified copy of this order is not produced before respondent No.4 within 10 days from today, this order shall loose its efficacy automatically.
Signature Not Verified Signed by: VARSHA SINGH Signing time: 11/18/2022 5:08:34 PM 3Till the decision on representation or for a period of 40 days' from today (whichever is earlier) the petitioner herein shall be permitted to continue at his present place of posting i.e. Gram Panchayat Umariya, Janpad Panchayat Kusmi, District Sidhi With the aforesaid, the petition stands disposed off. C.C. as per rules.
(MANINDER S. BHATTI) JUDGE VS Signature Not Verified Signed by: VARSHA SINGH Signing time: 11/18/2022 5:08:34 PM