ORDER ON BOARD

1. Petitioner has filed this writ petition seeking following reliefs:

“10.1 That, this Hon’ble Court may kindly be pleased to set-aside/ quash the impugned order dated 27.02.2026 (as amended on 02.03.2026) Annexure P-1 so far it relates to placement of petitioner and further be pleased to direct the respondent authorities to allow the petitioner to continue at his present place of posting.

10.2 That, any other relief/ order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

2. Learned counsel for the petitioner submits that petitioner is holding post of Panchayat Secretary and is posted at Gram Panchayat, Amlidih. Vide order dated 02.03.2026, Annexure P-1, he has been transferred to Gram Panchayat, Chhapora. It is contention of learned counsel for petitioner that there is no complaint against petitioner and therefore petitioner could not have been transferred. In support of his contention, he read over Clause-8 of the guidelines of service conditions of the Panchayat Karmis issued by the State Government. He also contended that petitioner is posted at Gram Panchayat, Amlidih vide order dated 04.11.2025 and the impugned order of transfer is within a period of four months from the date of his posting at present place.

3. Learned State counsel submits that the order of transfer is passed by Respondent No. 3 for whom she is not appearing.

4. I have heard learned counsel for the parties and perused the documents placed on record.

5. The submission of learned counsel for petitioner is that petitioner was earlier transferred from Gram Panchayat, Chhapora to Gram Panchayat, Amlidih and additional charge of Gram Panchayat, Chhapora is also given to him vide order dated 04.11.2025. He also contended that earlier the order of transfer of petitioner was put to challenge in WPS No. 12118/2025 and pursuant thereto petitioner was posted at gram panchayat, Amlidih. Document Annexure P-2 is an order dated 29.09.2025 in which name of petitioner is placed at Sr. No. 12, this order is also an order of transfer and petitioner has been shown to be transferred from gram panchayat Amlidih to gram panchayat Chhapora.

6. In the aforementioned facts of the case, considering both the documents Annexure P-2 and P-5, it is apparent that prior to September 2025, petitioner was posted at gram panchayat Amlidih. Upon asking to learned counsel for petitioner as to since when petitioner is posted at Gram panchayat, Amlidih, he submits that he is having no instruction in this regard and no document has been filed.

7. From the aforementioned facts of the case and considering the documents placed on record, it is apparent that order of transfer fo petitioner transferring petitioner from gram panchayat Amlidih to gram panchayat, Chhapora was put to challenge in a writ petition and pursuant to the order passed in that writ petition posting of petitioner has been maintained at gram panchayat Amlidih and additional charge of gram panchayat Chhapora has also been given.

8. In view of the submission and pleadings made by learned counsel for petitioner that since than petitioner is posted at gram panchayat Amlidih, it can be presumed that petitioner is posted at gram panchayat, Amlidih for a considerable period of time. The guidelines which is referred by the counsel for petitioner is with respect to Panchayak Karmis and not the panchayat Secretary. Even on perusal of Clause 8 of the said guidelines referred by learned counsel for petitioner, it would show that transfer of Panchayat Karmis can be made by the competent authority on administrative ground and on personal request and further the transfer can be made based on the complaint on the proposal forwarded by the Chief Executive Officer, Janpad Panchayat. Case of petitioner is not that his transfer is based on any complaint. No such pleading is made or document is filed which suggest that tr