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2025 Supreme(Online)(RAJ) 1031
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE ARUN MONGA, J
DHANRAJ MEENA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CW / 1023 / 2025
Mr. Tanwar Singh Rathore, Mr. Narpat Singh, Mr. Harish Purohit, Mr. J.S. Bhaleria, Mr. Mukesh Vyas, Mr. I.R. Choudhary, AAG with Mr. Pawan Bhati
Transfer orders lacking a specified duty location violate administrative principles and the Rajasthan Panchayati Raj Act, 1994, undermining the autonomy of local bodies.
Headnote:(A) Rajasthan Panchayati Raj Act, 1994 - Section 89 - Transfer orders - Petitioners challenged transfer orders alleging violation of Section 89 of the Act and prior judgment in Kera Ram - Court found absence of specified Gram Panchayat location invalidates transfer orders, indicating lack of administrative consideration. (Paras 6, 30)
(B) Administrative Exigency - The court emphasized that a transfer order must specify the new duty location to ensure genuine administrative need and prevent misuse of discretion. (Paras 30)
Facts of the case:
Petitioners challenged their transfer orders, claiming they violated Section 89 of the Rajasthan Panchayati Raj Act, 1994, and the precedent set in Kera Ram. The orders lacked specification of the Gram Panchayat location for the new postings.
Findings of Court:
The court ruled that the transfer orders were unsustainable due to the absence of a specified Gram Panchayat, indicating a lack of due consideration for administrative exigency.
Issues: The main issues included whether the omission of a specific Gram Panchayat location invalidates a transfer order and the legislative intent behind Section 89(8)(A) of the Act.
Ratio Decidendi: The court concluded that transfer orders must specify the new duty location to reflect genuine administrative needs and uphold the autonomy of Panchayati Raj Institutions.
Result: Writ petitions allowed; transfer orders set aside.
Order
21/01/2025
1. Vide this common order the aforesaid Bunch is being disposed of together as similar facts and issues are involved therein.
2. Petitioners are before this Court assailing their respective transfer orders alleging that the same are in violation of Section 89 of the Rajasthan Panchayati Raj Act , 1994 as well as judgment rendered by this Court in Kera Ram Vs. State of Rajasthan & 3. Having heard the rival contentions, it is borne out that the case of the petitioners is squarely covered by Kera Ram (supra) and in fact, in some what similar circumstances, another Bunch of petitions titled Udai Bhan Vs. State of Rajasthan & Ors. : S.B. Civil Writ Petition No. 790/2025 , was disposed of in the following terms :-
“5. From the contents of the impugned order, it transpires that petitioner has been transferred from Panchayat Samiti Raipur to Panchayat Samiti Mandal without specifying as to which Gram Panchayat in the Panchayat Samiti of Mandal he has to join. He is thus to assume his charge on the post of Gram Vikas Adhikari without knowing which Gram Panchayat to serve for.
6. In this context, reference may be had to the guidelines laid down in Kera Ram ibid, relevant extract thereof is reproduced hereinbelow:-
"QUESTIONS OF LAW:
13. The following questions of law are being formulated, which need to be addressed to adjudicate on the merits of impugned orders:-
1. Does the omission to mention a specific location of Gram Panchayat for a Panchayat Samiti official's new duty station invalidate a transfer order?
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6. What is the legislative intent and scope of the State's power under the non-obstante clause in Section 89(8)(A) of the Panchayat Raj Act, 1994, as amended by Act No. 23/1994 in Rajasthan?
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30. In the light of discussion and analysis contained in preceding paragraphs let us now revert to address the questions framed in para 13, ibid:-
ANSWERS:-
Question No. 1: The answer to the first question revolves around the principle of administrative exigency. As highlighted in the judgment of Chander Kanta by my esteemed colleague Justice Dinesh Mehta, the absence of a specified transfer location indicates a lack of due consideration. If the transferring authority is unaware of the required destination of the transferred official, the motive for transfer becomes questionable. It raises concerns about the possible misuse of administrative discretion or punitive intentions. A transfer order rooted in genuine administrative need would specify the new duty location, allowing the official to promptly assume their duties. Therefore, the answer to the first question is affirmative.
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Question No. 6:
The last question concerns the legislative intent behind Section 89(8)(a) of the Panchayati Raj Act, 1994. This section emphasizes decentralization, delegating specific functions to Panchayats for managing human resources. The rules ensure effective implementation of this legislative intent. While the State Government holds overriding authority for issuing transfer orders, this power should not undermine the autonomy of Panchayati Raj Institutions.. Striking a balance is essential to maintain the local bodies' autonomy and constitutional integrity. Thus, while the State has absolute power to issue transfer orders, this power should not be exercised in a manner that undermines the faith in democratically elected Panchayati Raj Representatives."
7. In light of the aforesaid, the transfer orders impugned herein are not sustainable as the respective Gram Panchayats on which the petitioners are transferred as Gram Sevak have since not been specified.”
4. The name of Gram Panchayat where the petitioners are supposed to join has not been mentioned which shows a complete lack of application of mind to determine administrative exigency which is stated to be the reason of transfer.
5. In the premise, writ petitions as numbered above are allowed. The respective impugned transfer orders qua the petitioners are set aside.
