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RAJESH SINGH CHAUHAN
Ravi Prakash Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJESH SINGH CHAUHAN, J.
1. Heard.
2. This Court has passed order dated 31.07.2024, which reads as under:
2. Sri Yoyekwar, learned counsel for the petitioner has assailed the impugned transfer order dated 20.07.2024 (Annexure No. 1), passed by the District Panchayat Raj Officer, Gonda, whereby the petitioner who is serving on the post of Assistant Development Officer (Panchayat), has been transferred from Vikas Khand Wazirganj to Vikas Khand Mujehna, District-Gonda on the ground that the State Election Commission has notified election of Panchayat on 15.07.2024 (Annexure No. 2) and election for Block Wazirganj is to be conducted pursuant to the election notification.
3. As per Sri Royekwar, after the notification having been issued by the State Election Commission, the administrative authority cannot transfer an employee from one place to another place even in the same district without taking prior permission from the State Election Commission.
4. On being confronted learned couns
The necessity of obtaining prior permission from the State Election Commission for employee transfers during election periods is crucial to maintain the integrity of the electoral process.
Transfer orders must adhere to statutory guidelines and cannot be executed with mala fide intentions, as such errors warrant judicial intervention.
The implementation of transfer orders after the Model Code of Conduct's enforcement requires prior approval from the Election Commission to be lawful.
Transfer orders in public service are valid unless proven mala fide or in violation of statutory provisions.
Transfer orders for employees engaged in election duties must adhere to the Election Commission's restrictions, as non-compliance renders such orders invalid.
Point of Law : Impugned directive of Election Commission is valid as it does not discriminate between different officers but a uniform directive has been issued for all officers who have completed fo....
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