THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.18431 2008 ORDER: The petitioner is the Sarpanch of Sullurpet Gram Panchayat of Nellore District. The 3rd respondent was working as Sanitary Inspector of that Gram Panchayat. On representations made by the petitioner and certain others, the 3rd respondent was transferred to the Gram Panchayat, Kovvur, in the same district. He did not join at that place and proceeded on medical leave. Through order dated 10-06-2011, the Collector, Department of Panchayat Raj, the 1st respondent herein, re-transferred the 3rd respondent to Sullurpet. The petitioner feels aggrieved by the said order. He contends that the 3rd respondent is a native of Sullurpet and his posting to the Gram Panchayat of that Village is contrary to G.O.Ms.No.93, dated 14-05-2011. It is also stated that the 3rd respondent caused monetary loss to the Gram Panchayat and created several hurdles in the administration. On behalf of the respondents 1 and 2, a counter-affidavit is filed. It is stated that, after the 3rd respondent was transferred to Kovvur, he proceeded on leave and made a representation for re-consideration, and that an order was passed on 17-02-2011, posting him to the Gram Panchayat, Naidupet. It is further pleaded that on another representation made by the 3rd respondent, the impugned order was passed. The various allegations made by the petitioner are denied. The 3rd respondent filed a counter-affidavit, denying the allegations made by the petitioner. He states that he is the native of Prakasam District, and his appointment as Sanitary Inspector for Sullurpet Gram Panchayat is not opposed to G.O.Ms.No.93, dated 14- 05-2011. He submits that his wife is undergoing treatment at a hospital in Chennai, and he made efforts to remain at Sullurpet, which is nearer to Chennai. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj, and learned counsel for the 3rd respondent. An objection is raised by the 3rd respondent, as to the maintainability of the writ petition, on the ground that no resolution of the Gram Panchayat was passed, empowering the Sarpanch to file the writ petition, and that the tenure of the Sarpanch had come to an end. The petitioner is not claiming any benefits for himself. His effort is only to bring to the notice of this Court, the acts and omissions on the part of the 3rd respondent. As a person interested in the Gram Panchayat, the petitioner can certainly maintain the writ petition. The petitioner asserts that the 3rd respondent is a native of Sullurpet, and his appointment is contrary to G.O.Ms.No.93, dated 14-05-2011. In view of the fact that the 3rd respondent claims to be native of a Village in Prakasam District, this Court is not inclined to deal with that question, in detail. The 1st respondent transferred the 3rd respondent on administrative grounds from Sullurpet to Kovvur, way back in January, 2010. Both the places are in the same district. Ever since then, the 3rd respondent did not join at any place. It only shows the lack of regard by him towards the duties. Acceding to his request, the 1st respondent passed an order, posting him to Naidupet. Even that did not result in any commitment on the part of the 3rd respondent towards the duties. He persisted, and the result was the impugned order, dated 10-06-2011. The respondents 1 and 2 ought not to have exhibited so much of sympathy or indulgence to a person, who did not care for the duties. While the ground pleaded by him is the illness of his wife and treatment at Chennai, he himself absented from duties for the past one- and-half years. The orders passed by the respondents 1 and 2, from time to time, in favour of the 3rd respondent have only encouraged indiscipline. The lack of objectivity on the part of the respondents 1 and 2 is evident from the fact that they did not even make a mention in the order to the fact that the petitioner was under transfer to Gram Panchayat, Naidupet. The impugned was passed, as though his transfer order to Gram Panchayt, Kovvur was in force by that date. The whole episode discloses a very sad state of affairs. The writ petition is accordingly allowed, and the impugned order is set aside. It is however left open to the 3rd respondent to join the Gram Panchayat, at Naidupet, duly obtaining permission from the 2nd respondent. There shall be no order as to costs. _______________________ L. NARASIMHA REDDY, J. Dt.23-08-2011. KO