SHEEL NAGU, ANAND PATHAK
Bharat Singh Yadav – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT :
Anand Pathak, J.
1. The instant appeal under Section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been preferred by the appellant against the order dated 06.01.2021 passed in Writ Petition No. 20116/2020, whereby petition preferred by the petitioner has been dismissed.
2. Precisely stated facts of the case are that the appellant/petitioner was working as Panchayat Secretary at the relevant point of time at Gram Panchayat Takpraroriya, District Guna and by order dated 08.12.2020 passed by the Director, Panchayat Raj Sanchalnalay, Bhopal (herein respondent No. 2), appellant/petitioner has been transferred from Gram Panchayat Takpraroriya District Guna to District Rajgarh and being crestfallen by the same, petitioner filed a petition bearing Writ Petition No. 20116/2020 before this court on the ground that the impugned order has been passed in colourable exercise of power and same is arbitrary and illegal.
3. The learned writ court vide impugned order dated 06.01.2021 rejected the contentions so advanced by the petitioner and dismissed the petition accordingly.
4. It is submitted by the learned counsel for the appellant that after enac
The main legal point established in the judgment is that statutory rules prevail over executive instructions or circulars in determining the service conditions of government employees.
The central legal point established in the judgment is the permissibility of transferring the petitioner under Rule 6(7) of the Rules of 2011 and the absence of a mandatory requirement for approval f....
Transfer of Panchayat Secretary must adhere to statutory processes under applicable rules, mandating review by the appropriate authority upon challenge.
The court emphasized the importance of fulfilling the twin pre-requirements of public interest and administrative exigencies for transfers, and highlighted the significance of adhering to the Transfe....
The main legal point established in the judgment is the mandatory nature of Rule 15(j) of the M.P. Jila Panchayat (Business) Rules, 1998 and the significance of compliance with Rule 3(b), (d) and 6(7....
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