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2023 Supreme(MP) 714

SUBODH ABHYANKAR
Ramesh Bhabar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Shri L.C. Patne, Advocate, for the Appellant; Shri Mukesh Parwal, Government Advocate for The State and Shri Samanway Sharma, Advocate, for the Respondent.

ORDER

Subodh Abhyankar, J. - This writ petition has been filed by the petitioner/ a Panchayat Secretary under Article 226 of the Constitution of India against the transfer order dated 07/07/2023, passed by respondent No.2 Chief Executive Officer, Jija Panchayat, Indore (M.P.) whereby the petitioner has been transferred from Gram Panchayat, Rangwasa, Janpad Panchayat, Indore to Gram Panchayat, Jafarabad, Janpad Panchayat, Mhow.

2. The order has been assailed by the petitioner on the ground that it does not comply with the mandatory provisions as prescribed under Rule 15(j) of M.P. Jila Panchayat (Business) Rules, 1998 (hereinafter referred to as 'Rules of 1998'), which clearly provides that all the cases including transfers etc. shall be brought for decision before the General Administrative Committee as prescribed under the aforesaid rules. In support of his submissions, learned counsel for the petitioner has also relied upon a decision rendered in the case of Rakesh Kumar Shakya vs. State of M.P. and another reported as 2010 (1) MPLJ 656 in which, the issue of transfer of Secretary of Gram Panchayat has been specifically dealt with, and in which the Court has relied upon the transfe

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