Ramesh Bhabar vs The State Of Madhya Pradesh on 21 November, 2023
4] On the other hand, Shri Samanway Sharma, learned counsel for
respondents No.4 has opposed the prayer and it is submitted that no
illegality has been committed by respondent No.2 in passing the
impugned order whereby the petitioner has been transferred, and in
his place, respondent No.4 has been posted from Gram Panchayat,
Kampel to Gram Panchayat, Rangwasa. It is submitted that after
Rules 2011 came into force, the Rules of 1998 shall have no
applicability as the only requirement under Sub Rule (7) of Rule 6 of
Rules of 2011 is that there has to be some administrative ground or
Signature Not Verified
Signed by: KHEMRAJ JOSHI
Signing time: 22-11-2023
10:28:33
4
an inquiry may also be conducted on this behalf on recommendation
of Chief Executive Officer, Janpad Panchayat for the purposes of
transfer of Panchayat Secretary. Shri Sharma has also submitted that
the decision relied upon by the counsel for the petitioner has already
been taken into account by the subsequent decision rendered by the
coordinate Bench of this Court at Principal Seat Jabalpur in the case
of Krishna Nagwanshi vs. State of M.P. reported as 2022(1) MPLJ
41 as also the decision rendered by the coordinate Bench of this
Court at Jabalpur in WP No.17551/2021 dated 13/09/2021 in the case
of Vijay Pawar and others vs. State of M.P. and others which has
also been affirmed by the Division Bench of this Court in the case of
Vijay Pawar and others vs. State of M.P. and others passed in W.A.
No.869 and 873/2021, dated 26/10/2021, wherein, the decision
rendered by the Single Bench in the case of Krishna Nagwanshi
(supra) and Rakesh Kumar Urmaliya (supra) have also been
affirmed. Counsel has also submitted that even according to Rule 3
of Rules 1998, only those cases can be brought before the General
Administrative Committee which fall under the aforesaid Rules and
as per the direction of Zila Panchayat or referred to by the other
Standing Committee or as per the directions of the Central
Government or State Government or Prescribed Authority. Thus, it is
submitted that the petition is liable to be dismissed.