IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1575 of 2009 MAHAMAYA PRASAD S/O SRI DEO NATH PRASAD R/O VILL.- ORA BAGICHA P.S. AND BLOCK DHARAHARA DISTT.- MUNGER … Petitioner/Appellant Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, MUNGER 3. THE DISTRICT PANCHAYAT OFFICER, MUNGER 4. THE BLOCK DEVELOPMENT OFFICER, HAVELI KHARAGPUR, DISTT.- MUNGER 5. DEVENDRA KUMAR S/O NOT KNOWN TO THE PETITIONER WORKING ON THE POST OF JAN SEWAK RAMNAKABAD, EAST PANCHAYAT AND ALSO HOLDING ADDITIONAL CHARGE OF THE POST OF PANCHAYAT SECRETARY, RAMNAKABAD WEST GRAM PANCHAYAT, P.S. & BLOCK HAVELI KHARAGPUR, DISTT.- MUNGER … Respondents/Respondents ----------- 2. 13.5.2010 Heard counsel for the appellant and respondents no. 1 to 4. In this intra-Court appeal the appellant has assailed the order dated 6.11.2009 passed by the learned Single Judge in C.W.J.C.No. 14076/2009 disposing of his writ petition relating to his deputation/ transfer made by the Block Development Officer, Haveli, Kharagpur in the block headquarters by giving him liberty to pursue his pending representation filed before the District Magistrate, Munger. Counsel for the appellant- writ petitioner has submitted that the order dated 13.2.2009 passed by the 2 B.D.O., Haveli, Kharagpur, as with regard to placing his services on deputation to the block headquarters was wholly without jurisdiction, inasmuch as such power was vested only in the Collector/ District Magistrate of the District who was the appointing authority of Panchayat Sewak, a post held by the appellant- writ petitioner. Learned counsel for the appellant- writ petitioner, however, could not bring to the notice of this Court any statutory rules as with regard to exercise of power of transfer/ deputation of a Panchayat Sewak and the reliance placed by him on a notification dated 15.1.2004, Bihar Gram Panchayat (Sachiv Ki Niyukti, Adhikar and Kartabya) Niyamawali, 2003 does not lend support to his submissions as with regard to jurisdiction of the B.D.O. On the other hand, the same notification in fact goes to show that the Panchayat Sewak, renamed as Panchayat Secretary, is under the control of the B.D.O., inasmuch as the appraisal of work done by the Panchayat Sewak/ Panchayat Secretary by the Mukhiya of the Gram Panchayat has to be submitted before the B.D.O. It is not in doubt that in terms of section 162 of the Bihar Panchayat Raj Act, 2006 the Mukhiya of the 3 Gram Panchayat, Executive Officers of the Panchayat Samiti and the Chief Executive Officer of the Zila Parishad has been vested with the power of general control over all the officers/ employees appointed/ engaged by the respective Panchayats and they have also been vested with the power to award any punishment, other than dismissal/ removal of such officer or employee of the Panchayat. It is also not in doubt that the B.D.O. is the Executive Officer of the Panchayat Samiti and therefore, if he has chosen to only place the appellant- writ petitioner on deputation in the block headquarters by assigning the work to another Panchayat Sewak, the same can be even remotely dubbed as an order without jurisdiction. Section 163 of the Act in fact gives power by way of appeal to the concerned employee before the Collector of the District and therefore, when the appellant- writ petitioner has already filed a representation to the Collector of the District, he ought to have continued with that remedy in stead of rushing to this Court as against the order of deputation. That being so, this Court does not find any 4 error in the order of the learned Single Judge and consequently this appeal being devoid of any merit is hereby dismissed. There would be, however, no order as to costs. (Dipak Misra,C.J.) (Mihir Kumar Jha,J.) Surendra/