The Board's power to transfer employees is limited to the Secretary or any employee dealing with the accounts of a Committee.

T.H.B.Chalapathi, J.

1. In this writ petition the petitioner is challenging the order of his transfer from Market Committee, Khanuwan to Market Committee, Mehta on the ground of competency of the Secretary, Punjab State Agriculture Marketing Board, to effect the transfer.

2. The petitioner was originally appointed as Auction Recorder in the year 1973 and thereafter he was promoted as Mandi Supervisor-cum-Fee Collector in August, 1976. He was working at Gurdaspur Market Committee when a separate Committee was formed at Kahnuwan. On the formation of a new Market Committee, the services of the petitioner were allocated to the said committee at Kahnuwan in the year 1986 and the petitioner has been working at Kahnuwan since then. According to the petitioner, he has been transferred from Market Committee, Kahnuwan to Market Committee Mehta by the Secretary, Punjab Mandi Board. According to the petitioner, the Mandi Board or its Secretary had no jurisdiction to effect transfer under the provisions of Punjab Agricultural Produce Markets Act, 1961 and the rules framed thereunder. The petitioner also challenged the order of his transfer on the ground of mala fides on the part of the 3rd respondents, the District Mandi Officers, Gurdaspur.

3. A written statement was filed by the respondents 1 to 3. According to the respondents, the Chairman or the Secretary of the Board has got the power to transfer any employee from one Market Committee to another Marked Committee and therefore, the transfer of the petitioner from Kahnuwan Market Committee to Market Committee Mehta is legal and valid and does not suffer from any infirmity. It is also denied that the 3rd respondent has got biased and that the transfer was effected at the instance of the 3rd respondent.

4. At the outset it may be stated that the petitioner is not able to substantiate the mala fides on the part of 3rd respondent and therefore this ground fails.

5. The only point for consideration that arises in this writ petition is whether the Punjab State Agricultural Marketing Board has got the power to transfer one employee from one Market Committee to another Market Committee.

6. In order to appreciate the contentions of the learned counsel for the parties, it is useful to see the scheme of the Act and the provisions under the Act relating to the employees of various Market Committee and the power and control of the Board.

7. The Punjab State Agricultural Marketing Board has been constituted Under Section 3 of the Punjab Agricultural Produce Markets Act. Under Sub-section (9) of Section 3 the Board shall exercise superintendence and control over the Committees. Sub-section (11) of Section 3 reads as follows :-

"The Chairman or subject to his control the Secretary of the Board may transfer the Secretary or any employee dealing with the accounts of one committee to another committee and they shall exercise such other powers and discharge such other duties as may be prescribed."

8. The Market Committee are constituted Under Section 13 of the Act. Section 20 of the Act deals with the appointment and salaries of officers and servants of the Market Committee. It reads as follows :-

"20. Appointment and salaries of officers and servants of Committees. (1) Every committee shall have a person as its Secretary, appointed by the Board as its servant, and lent to the Committee subject to such terms and conditions and as the Board may prescribe.

(2) A Committee may, with the previous approval of the Secretary of the Board, employ such other officers and servants as may be necessary for the management of the market and may pay such officers and servants salaries as fixed by the Board for different cadres and shall have power to control and punish them;"

9. Under Clause (4) of Section 20, the service of the Secretary or any employee dealing with the accounts of a Committee shall be transferable within the same State. Thus, it is clear that the Secretary of the Market Committee has to be appo