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MADHYA PRADESH HIGH COURT
J. K. Maheshwari, J.
Anil Dixit v. State of M.P.
Writ Petition No.17129 of 2015 (J); Decided on 7.10.2015.*
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1. Being aggrieved by the order of transfer, Annexure P-9, dated 28.9.2015 transferring the petitioner from Gram Panchayat Hardi, Janpad Panchayat Deemarkheda, to Gram Panchayat Patera, Janpad Panchayat Rithi, this petition has been filed.
2. The petitioner has relied upon the policy dated 24.7.2014 whereby as per clause 2 the Secretary of the Gram Panchayat can be transferred within the Janpad Panchayat to the nearby Gram Panchayat. However, the order impugned, Annexure P-9, transferring the petitioner from one Janpad Panchayat to another Janpad Panchayat is unsustainable in law.
3. On the other hand, counsel appearing on behalf of respondent No.7 has strenuously urged that the activities of the petitioner was not in the interest of Gram Panchayat, therefore, the order impugned has rightly been passed by the Commissioner, after approval of the Minister in terms of clause 8 of the said policy transferring him from one Janpad Panchayat to another Janpad Panchayat, therefore, the order impugned do not warrant any interference.
4. After hearing learned counsel appearing on behalf of both the parties and looking to clause 2 of the policy dated 24.7.2014, suffice it to observe that the transfer of the petitioner from one Janpad Panchayat to another Janpad Panchayat is not permissible, therefore, the order impugned, Annexure P-1, is hereby quashed. Liberty is granted to the Commissioner, respondent No.2 to pass appropriate orders transferring the petitioner from one Gram Panchayat to another Gram Panchayat within the same Janpad Panchayat in terms of clause 2 of the policy.
5. With the aforesaid observation, this petition stands disposed of.
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