2025:CGHC:14926 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1934 of 2025

1 - Smt. Lata Khatri W/o Shri Amit Khatri Aged About 40 Years Occupation Secretary Gram Panchayat Uraikachhar Janpad Panchayat Lormi R/o Village Dongariya Police Station And Tahsil Lormi District - Mungeli (C.G.) Mo. No.

9926165015 Petitioner(s)

versus

1 - State Of Chhattisgarh Through Secretary Department Of Panhayat Mahanadi Bhawan New Mantralaya Atal Nagar Raipur District - Raipur (C.G.)

2 - Chief Executive Officer Zila Panchayat Mungeli District - Mungeli (C.G.) 3 - Chief Executive Officer Janpad Panchayat Lormi District - Mungeli (C.G.)

4 - Deputy Director Panchayat Officer Of Zila Panchayat Mungeli District -

Mungeli (C.G.)

Respondent(s)

(Cause title taken from Case Information System)

For Petitioner(s) : Mr. Ratnesh Kumar Agrawal, Advocate For State : Mr. Ajit Singh, GA For Resp. No. 2 & 3 : Ms. Pragya Pandey, Advocate (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)

Order on Board

27/03/2025

1. By the present Writ Petition, the Petitioner who is working as Secretary at Gram Panchayat Uraikachhar, Janpad Panchayat Lormi, District Mungeli (C.G.), is questioning the order of transfer dated 15/01/2025 (Annexure-P/1) passed by respondent No.4/Deputy Director Panchayat, whereby the Petitioner as Secretary has been transferred from Gram Panchayat Uraikachhar Janpad Panchayat Lormi to the office of respondent No. 3/Janpad Panchayat, Lormi.

2. Learned counsel for the petitioner submits that the order of transfer issued by respondent No.4 is without jurisdiction as Deputy Director Panchayat has not empowered to transfer the Panchayat Secretary. He would also submit that even at the transferred place i.e. Janpad Panchayat, Lormi, no post of Panchayat Secretary is available. Further, the issue involve in this case has already been settled and decided by the Coordinate Bench of this Court in WA No. 821/2018, decided on 13/03/2019 wherein, the Court has observed that the power to transfer any Panchayat Karmi/Panchayat Secretary is vested with CEO, Zila Panchayat, as such the order impugned is bad in law.

3. Learned counsel for the State as well as counsel for respondent No. 2 &

3 submit that the issue involved in this present case is squarely covered with the order passed in WA No. 821/2018. However, they submit that the order of transfer has been approved by the CEO, Zila Panchayat.

4. I have heard learned counsel for the parties and perused the order dated 5. It appears from the impugned order that the petitioner who is working as Secretary has been transferred by the Deputy Director/respondent No.4 who is not empowered to exercise such power in light of the settled law laid down by the Court in WA No. 821/2018. Consequently, the order

6. The Writ Petition is accordingly allowed.

Sd/-

(BIBHU DATTA GURU)

JUDGE

Rahul