231. Allocation to panchayat service to be provisional for certain period and reallocation of officers and servants to State services.
(1)Notwithstanding anything contained in section 230, the allocation to the panchayat service made under section 230 of officers or servants allotted or transferred to a panchayat under section 175, shall initially be provisional and it shall be lawful for the State Government to review their allocation within a period of four years from such allocation or transfer, and if necessary, to reallocate by an order made in that behalf any of such officers or servants to the State service for any of the following reasons, namely:-(i)if out of the officers and servants so allocated, any officers or servants are found to be surplus in any category of the panchayat service(ii)if in the interest of public service it is considered necessary to recall any such officer or servant;(iii)if in pursuance of any information called for in this behalf by or on behalf of the State Government at any time within the aforesaid period of four years, any such officer or servant has preferred to revert to the State service and after taking into consideration the exigencies of service in the panchayat organisation, and also of service under the State Government, the State Government thinks fit to recall such officer or servant:(iv)any other reason prescribed by rules.(2)Any officer or servant who is not re-allocated under sub-section (1) and continues in the panchayat service immediately before the expiry of the aforesaid period of four years, shall on such expiry, be deemed to be finally allocated to the panchayat service.(3)The conditions of service of an officer or servant re-allocated to the State service shall not be less favourable than those applicable to him immediately before such reallocation.(4)The re-allocation of any officer or servant to the State service under sub-section (1) whether made before or after the commencement of the Gujarat Panchayats and the Gujarat New Capital (Periphery) Control (Amendment) Ordinance, 1964 (Gujarat Ordinance 2 of 1964), shall not affect:-(a)any obligation or liability incurred or default committed by such officer or servant during the period of his allocation to the panchayats service while acting or purporting to act in the discharge of his duties as such officer or servant, and(b)any investigation, disciplinary action or remedy in respect of such obligation, liability or default;and any such investigation, disciplinary action or remedy may be instituted, continued or enforced in accordance with the law applicable thereto during the said period of allocation by such authority as the State Government may by general or special order specify in this behalf.
