Madhya Pradesh High Court
Pyare Lal Singh vs The State Of Madhya Pradesh on 30 March, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 30th OF MARCH, 2022
WRIT PETITION No. 7135 of 2022
Between:-
PYARE LAL SINGH S/O CHHOTA SINGH , AGED
ABOUT 50 YEARS, OCCUPATION: SECRETARY
GRAM PANCHAYAT, POSTED AT GRAM
PANCHAYAT PALSAU, JANPAD PANCHAYAT
GOHPARU, DISTRICT SHAHDOL, MP.
.....PETITIONER
(BY SHRI SHAILENDRA SONI, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY PANCHAYAT DEPTT
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. COLLECTOR DISTT. SHAHDOL, M.P.
3. JILA PANCHAYAT SHADOL THROUGH ITS CHIEF
EXECUTIVE OFFICER JILA PANCHAYAT SHAHDOL
THROUGH ITS CHIEF CHIEF EXECUTIVE OFFICER,
JILA PANCHAYAT, SHAHDOL, DISTRICT-
SHAHDOL, M.P..
4. JANPAD PANCHAYAT GOHPARU THROUGH ITS
CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
GOHPARU, DISTT. SHAHDOL, M.P.
5. SMT. PUSHPA SINGH PANCHAYAT SECRETARY
GRAM PANCHAYAT- PAILWAH GOHPARU,
SHAHDOL, M.P. (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA, GOVERNMENT ADVOCATE)
T h is petition coming on for hearing this day, the court passed the
following:
ORDER
B y the instant petition, the petitioner is challenging the order dated 21.12.2021 (Annexure-P/1) whereby the petitioner has been directed to be transferred from Gram Panchayat Palsau to Gram Panchayat Pailwah, as he has completed three years of service at Gram Panchayat, Palsau.
Signature Not Verified SANThe counsel for the petitioner submits that from the impugned order it Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2022.03.31 11:10:44 IST clearly reveals that this arrangement is being made taking note of the notification 2 issued for conducting Panchayat Election and, therefore, in view of the instructions issued by the Election Commission, the order of transfer has been issued. He further submits that the Division Bench of this Court in Writ Appeal No.64/2022 (Tulsiram Patel vs. The State of Madhya Pradesh and others) vide order dated 28.01.2022 taking note of the aspect that the notification issued for conducting Panchayat Election has been withdrawn and the election has been postponed, the order of transfer issued in pursuance to the anticipated Panchayat Election does not sustain, therefore, set aside the order of transfer.
I n view of the arguments advanced by the counsel for the petitioner, the counsel for the respondents/State submits that the respondents may be given liberty to issue a fresh order, if occasion arises.
Considering the order passed by the Division Bench in case of Tulsiram Patel (supra), this Court has also taken the same view and cancelled the orders of transfer of the employees issued in pursuance to the notification of Panchayat Election.
In view of the aforesaid and taking note of the view taken by the Division Bench in case of Tulsiram Patel (supra), the impugned order of transfer dated 21.12.2021 (Annexure-P/1), so far as it relates to the present petitioner, is set aside. If the petitioner is still working at the present place of posting i.e. at Palsau, he may be allowed to perform his duties at Palsau. However, the respondents are at liberty to issue a fresh order of transfer, if administrative exigency arises.
With the aforesaid, this petition is allowed and disposed of. Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE RAGHVENDRA Signature Not Verified SAN Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2022.03.31 11:10:44 IST