Transfer is an incidence of service, and a government employee has no vested right to be posted at a specific location, provided the transfer is made by the competent authority for administrative exigencies.

NAFR

Order on Board

Per Ramesh Sinha, C.J.

1. This writ appeal is directed against the order dated 17.03.2026 passed by the learned Single Judge in W.P.(S) No. 2491 of 2026, whereby the writ petition preferred by the appellant has been dismissed and the transfer order dated 27.02.2026 (as amended on 02.03.2026), issued by respondent No. 3 transferring the appellant from Gram Panchayat Amlidih to Gram Panchayat Chhapora, with additional charge of Gram Panchayat Amlidih being assigned to respondent No. 5, has been upheld. The appellant, who is working as Panchayat Secretary, has assailed the said order on the ground that the impugned transfer is contrary to the applicable policy and has been passed without following due procedure.

2. The facts of the case as emerges from the pleadings of the writ appeal are that, the appellant is working as a Panchayat Secretary and has been discharging his duties without any adverse remark. Initially, vide order dated 29.09.2025, he was transferred from Gram Panchayat Amlidih to Gram Panchayat Chhapora, which was assailed by him before this Court. Pursuant to the order passed therein, the appellant submitted a representation before the competent authority, and the same was considered favourably, resulting in cancellation of the transfer order vide order dated 04.11.2025, permitting the appellant to continue at Gram Panchayat Amlidih.

******* Subsequently, vide order dated 27.02.2026 (as amended on 02.03.2026), the appellant was again transferred from Gram Panchayat Amlidih to Gram Panchayat Chhapora and the additional charge of Gram Panchayat Amlidih was assigned to respondent No. 5. The said transfer was allegedly made on the basis of a complaint without conducting any enquiry and without affording opportunity of hearing to the appellant, and is stated to be contrary to the policy/guidelines issued by the State Government requiring recommendation of the Chief Executive Officer, Janpad Panchayat. Aggrieved thereby, the appellant preferred W.P.(S) No. 2491 of 2026, which came to be dismissed by the learned Single Judge vide order dated 17.03.2026, giving rise to the present writ appeal.

3. Learned counsel for the appellant submits that the impugned transfer order dated 27.02.2026 (as amended on 02.03.2026) is wholly arbitrary, illegal and contrary to the policy/guidelines issued by the State Government governing transfer of Panchayat Secretaries. It is contended that as per Clause-8 of the applicable policy, the transfer of a Panchayat Secretary can be effected by the Chief Executive Officer, Zila Panchayat only upon recommendation of the Chief Executive Officer, Janpad Panchayat, however, in the present case, no such recommendation has been made, rendering the impugned order unsustainable in law. It is further submitted that the learned Single Judge has erred in holding that the said policy is not applicable to Panchayat Secretaries, ignoring the fact that the post of Panchayat Karmi has since been redesignated as Panchayat Secretary, and therefore, the policy squarely applies to the appellant.

******* It is further submitted that the impugned transfer order has been passed on the basis of a complaint made by the Sarpanch without conducting any preliminary enquiry and without affording any opportunity of hearing to the appellant, thereby violating the principles of natural justice. Learned counsel contends that the transfer has been effected with malafide intention as a measure of punishment, in absence of any administrative exigency, which is evident from the fact that the additional charge of Gram Pancha