Back
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Surjeet Singh, S/o Shri Jagroop Singh – Appellant
Versus
State Of Rajasthan, Through The Secretary, Panchayati Raj Department – Respondent
Order :
(REKHA BORANA, J.)
1. The present writ petition has been filed aggrieved of order dated 28.03.2025 (Annexure-5) whereby the petitioner has been transferred from Gram Panchayat 5KK to 39 RB Panchayat Samiti Padampur.
2. Learned counsel for the petitioner raised following three grounds:-
(i) The order impugned has been passed reflecting the transfer to be on work arrangement basis whereas law does not recognise any such term of work arrangement. In support of his submission counsel relied upon the judgment passed by a Co-ordinate Bench of this Court in Dr. Sukumar Kashyap Vs. State of Rajasthan & Ors.; S.B. Civil Writ Petition No.7916/2021 (decided on 16.08.2021).
(ii) The order impugned was passed during the ban period i.e. during the period when there was a complete ban by State Government on transfers of Panchayat employees. Counsel submits that before passing of the order impugned, no permission of the State Government/Chief Minister was taken whereas as per the Circular/Order of the Government, even if any transfer order was required to be passed on urgent basis, permission of the State Government/Chief Minister was essential. In support of his submission, counsel relied upon
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.
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 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 central legal point established in the judgment is the permissibility of transferring the petitioner under Rule 6(7) of the Rules of 2011 and the absence of a mandatory requirement for approval f....
Transfers of employees must comply with statutory provisions, including obtaining necessary consents, to ensure legality and fairness.
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.
The main legal point established in the judgment is the mandatory nature of Rule 15(j) of the M.P. Jila Panchayat (Business) Rules, 1998 and the significance of compliance with Rule 3(b), (d) and 6(7....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
