1. Heard counsel for the parties.

2. As short question is involved, appeal is taken up for final disposal forthwith, by consent. Counsel for the contesting Respondent waives notice.

3. This writ appeal takes exception to the judgment of the learned Single Judge dated 7.10.2015 in Writ Petition No.17129/2015 [2015(III) MPWN 138]. By the said writ petition, the respondent No.1 questioned the transfer order dated 28.9.2015 (Annexure P-9 to the writ petition) passed by the Commissioner, Panchayat Raj.

4. The argument, as proceeded before the learned Single Judge, as can be discerned from the impugned order, is that, there was no power to transfer the Secretary of the Gram Panchayat. To buttress this argument, reliance was placed on the document dated 24.7.2014 (Annexure P-10). Clause 2 of the said document envisages that the Secretary of the Gram Panchayat can be transferred within the Janpad Panchayat to the nearby Gram Panchayat. It was, therefore, argued that the transfer order was bad as the transfer of the respondent No.1 was beyond the neighbouring Gram Panchayat area. This argument found favour with the learned Single Judge. The learned Single Judge opined that the transfer of the petitioner was not permissible and for which reason, the transfer order came to be set aside. This opinion of the learned Single Judge is the subject matter of challenge in this intra-Court writ appeal.

5. The appellant relies on rule 6 sub-rule (7) of the Madhya Pradesh Panchayat Service (Gram Panchayat Secretary Recruitment and Conditions of Service) Rules, 2011, to contend that there is ample power to transfer Gram Panchayat Secretary on administrative ground within the Janpad Panchayat, as has been done in the present case. The said rule reads thus :

“(7) The Gram Panchayat Secretary may be transferred on administrative ground or on the basis of his application within the district in accordance with the transfer policy issued by the Commissioner, Panchayat Raj. The Gram Panchayat Secretary may be transferred, if necessary, after proper enquiry of the complaints on the recommendation of the Chief Executive Officer, Janpad Panchayat.”

6. The validity of the said Rules has not been challenged. The first part of the rule empowers the competent authority to transfer the Gram Panchayat Secretary on administrative ground. The second part of the same Rule also enables the competent authority to transfer the Gram Panchayat, Secretary on an application made in that behalf, in accordance with the transfer policy.

7. The argument of the respondent, however, is that the document, Annexure P-10 dated 24.7.2014 is in the nature of policy and for which reason the transfer of the respondent No.1 is in contravention of the said policy. Reliance was placed on clause 2 of the said document which reads thus :

^^2- xzke iapk;r lfpo dk LFkkukarj.k dk;Zjr tuin iapk;r ds Hkhrj gh fudVLFk xzke iapk;r esa fd;k tk,xkA^^

8. Reliance was also placed on the order passed by the Secretary of Panchayat and Gramin Vikas Department dated 26.9.2011 (Annexure A-5), in particular, clauses 2 and 3 thereof, which read thus :

^2- xzke iapk;r esa dk;Zjr xzke iapk;r lfpo dk LFkkukarj nwljh xzke iapk;r esa nksuksa xzke iapk;r ,oa mudh xzke lHkkvksa }kjk vkilh lgefr ls ikfjr ladYi ds vk/kkj ij LFkkukarj tuin iapk;r ds Hkhrj lacaf/kr tuin iapk;r dh lkekU; iz'kklu lfefr }kjk ikfjr izLrko vuqlkj fd;k tk ldsxkA xzke iapk;r dh ,slh cSBd ftlesa dksje dh vko';drk ugha gksrh gS }kjk ikfjr izLrko ekU; ugha fd;k tk,xkA

3- ,d tuin iapk;r dh xzke iapk;r ls nwljs tuin iapk;r dh xzke iapk;r esa LFkkukarj }kjk mijksDrkuqlkj ikfjr ladYi ds vk/kkj ij ftyk iapk;r dh lkekU; iz'kklu lfefr }kjk ikfjr izLrko vuqlkj xzke iapk;r esa in fjDr gksus dh n'kk esa fd;k tk ldsxkA^

9. Reverting to the argument of the respondent, in our opinion, the same is based on ignorance of the distinction between the policy and inter-departmental correspondence or communication. The document, Annexure P-10 dated 24.7.2014 though title