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2024 Supreme(Online)(CHH) 10255

HIGH COURT OF CHHATTISGARH
KANHAIYA LAL SIDAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Order On Board

20.09.2024

1.

Challenge in this writ petition is to an order dated 23.08.2024 Annexure P/1 by which the petitioner who is working as Panchayat Secretary in the Gram Panchayat, Arjuni, District- Sakti (C.G.) has been transferred to Gram Panchayat, Belhadih, District –Sakti (C.G.).

2.

Learned counsel for the petitioner submits that the State Government has framed the policy by exercising power under Section 70 (1) read with Section 69 (1) of the Chhatisgarh Panchayat Adhiniyam, 1993 and according to the policy, the transfers of the Panchayat Karmi can only be made after the proposal is sent by the Janpad Panchayat to the District Panchayat. The transfer only be made on the ground of administrative exigency. He submits that the proposal dated 22.07.2024 Annexure P/7 was sent by the office of the Janpad Panchayat, Sakti to the Chief Executive Officer, District Panchayat, Champa in which only two persons name Surendra Kumar Gavel and Chamruram Khairwar were recommended to be transferred, however, he submits that name of four persons is also mentioned in the said proposal. He submits that there is no administrative exigency as the petitioner has been posted in Gram Panchayat, A

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