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2011 Supreme(Jhk) 938

R.R.PRASAD
Ram Sajjan Sharma – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Appellant : Mr. R.S Majumdar.
For the State : Mr. Rajiv Ranjan.

JUDGMENT :

An order as contained in memo no. 1200 dated 7.9.2011 by which Deputy Com-missioner, Khunti repatriated the petitioner, an Account Officer deputed at District Rural Development Agency (DRDA), Khunti to his parent department, Rural Development Department, Government of Jharkhand is under challenge.

2. Mr. R.S. Majumdar, learned Senior Counsel appearing for the petitioner submitted that the order of transfer/repatriation is bad on two counts. One being lack of authority on the part of the Deputy Commissioner to pass an order of transfer/repatriation of the persons deputed in District Rural Development Agency.

3. In this regard it was stated that Ministry of Rural Development, Government of India has issued guideline on District Rural Development Department administration which has been adopted by the State of Jharkhand. By referring to clause 5.2 of the said guideline, it was submitted that the Chairman for the Zila Parishad shall be the Chairman of the Governing Body of the District Rural Development Agency. Further, the executive and financial function is to be discharged by the CEO. Zila Parish ad/District Collector who shall be designated as the Chief Executive Officer o


















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