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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
RAMA RAM CHOUDHARY – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CW / 2332 / 2025
Order :
1. Vide this common order, the aforesaid bunch is being disposed of together as not only the facts involved are similar, but even the issue therein is akin.
2. Illustratively, for the sake of brevity, recitals are being taken from S.B. Civil Writ Petition No. 2332/2025. Petitioner is before this Court assailing an order dated 15.01.2025 (Annex.-3) passed by respondent No.1, vide which he has been transferred from Gram Panchayat Bandavera, Panchayat Samiti, Dhanau to Gram Panchayat Udasar, Panchayat Samiti, Dhorimanna.
3. Learned counsel for the petitioners inter-alia contends that not only there is gross violation of Section 89 of the Rajasthan Panchayati Raj Act, 1994 but also that of judgment rendered by this Court in Kera Ram vs. State of Rajasthan & Ors.: S.B. Civil Writ Petition No.2909/2024 decided on 30.04.2024.
4. Whether or not Section 89 Sub-section 8(ii) of the Act of 1994 is mandatory or not is not res integra any more in view of the catena of judgments rendered by this Court from time to time. Illustratively, reference may be had to judgment rendered in Mohan Lal Gurjar Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 13248/2009, decided on 15.12.2010 by this Court at Jaipur Bench read with judgment rendered in Kera Ram Vs. The State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 2909/2024, decided on 30.04.2024 by this Court particularly in the concluding part thereof where transfer guidelines were framed. For ready reference, guideline No.7 therein, reads as under:-
“(VII). Section 89(8)(ii) of the Act, 1994 mandates that a Zilla Parishad can transfer an employee from a Panchayat Samiti only after consulting the Pradhans or Pramukhs of the respective Panchayat Samitis or Zilla Parishads involved in the transfer.”
5. In view of the aforesaid, since it is a conceded position that no consultation was sought from the Zila Pradhan before passing the transfer orders of the petitioners from one Panchayat Samiti to the other Panchayat Samiti, the impugned transfer orders, qua the petitioners, do not stand scrutiny of law and are accordingly set aside.
6. In the premise, writ petitions as numbered above are allowed.
7. However, liberty is granted to the respondents that in case, work exigency so warrants, fresh orders may be passed in accordance with Section 89 of the Act of 1994 read with the judgment rendered in Kera Ram ibid.
8. Pending application(s), if any, stand(s) disposed of.
Section 89(8)(ii) of the Rajasthan Panchayati Raj Act, 1994 mandates consultation before employee transfers, making such transfers without consultation invalid.
The court emphasized the need for adherence to procedural norms and respect for the autonomy of Panchayati Raj institutions in the context of mass transfers of officials under the Rajasthan Panchayat....
The authority of the District Establishment Committee to make transfer decisions and the jurisdiction of the Chief Executive Officer of the Zila Parishad to pass transfer orders.
The court emphasized that compliance with transfer rules is mandatory, allowing ex-post facto consent to validate transfer orders while highlighting the need for humane considerations in administrati....
The court ruled that a transfer order issued by an unauthorized authority during a ban period is invalid, emphasizing the need for proper legal grounds for such transfers.
Transfers of employees must comply with statutory provisions, including obtaining necessary consents, to ensure legality and fairness.
Rule 8(ii) seeks to ratify transfers affected, that too cannot be done – an act which is void ab-initio cannot be ratified and that too by authority which has usurped powers.
The central legal point established in the judgment is that transfers of employees from Panchayati Raj Institution must strictly comply with Rule 8 of the Rules of 2011.
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