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2015 Supreme(MP) 783

A.M.KHANWILKAR, SANJAY YADAV
Gram Panchayat, Hardi – Appellant
Versus
Anil Dixit – Respondent


Advocates:
Ashish Trivedi for appellant;
N.K. Tiwari for respondent No.1.

ORDER

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

















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