IN THE HIGH mURT OF WHATTISGAH‘I AT BILASPUR MW w.P. No.k 44$] /2004 :— //G<hhagan singh Banjara s/a. ‘ Dayali Banjara. aéed about 5; years. Asst. Gram Paflchayat Officer (Secretary) Gram Panehayat‘ Murpar, Janpad Papchayat. Mungeli, L District Bilaspur (C.G.) . \ VERSUS PEI‘ITmNER 4i; ‘‘(‘\\ > f if "ESPONDENT sta te of chhatti sgarh Threugi': « {-“Becretary panchayat ama sbéial welia’re Depa‘rment, E.Kl. Bnawan, Raipur (G.G.). ’ ‘ Joi‘nt Directo}: of Panchayaxt and Social Welfare, Distri'e‘g K, I 1 1 . 4 Bilaspu; (C.G.) chief Exeéutive Officer, Zila Panchéyat, K 3ilaspur (C.G.) . RIT’PETITION WEEK Agmzms 226/227 9F THE GONSTITUTION V l ’ OF INDIA. K ’ . "x : RS WW A“ \': HON’BLE MR. SATISH K. AGN!HOTRI J. _ WIT PETITION No.4401 or: 2004 Chhagan Singh Banja‘ra ' versus State of Chhattisgarh and { others Mr K R Nalr counsel for the petitioner E ‘ Mr A S Kachhawaha Government Advocate for ' I respondents No 1 and 2 r Mr Arun Sao ceunsei for respondent No 3 I x —— ...... ORDER _ l (Passed on 7‘“ Day of December, 2006) The petitioner Is an Assrstant Gram Panchayat Officer (Secretary) of Gram Panchayat The petitioner was appornted as ' ASSIstant Gram Panchayat Officer (Secretary) by the Collector The \ petitioner was posted in Gram Panchayat Murpar Janpad Panchayat L Mungeii District Bilaspur By order dated 2-6-2@O4 (Annexure P-1) the V petrtroner was transferred to Janpad Panchayat Man'rvahi, District Bifaspnr. 2. ‘ Berng aggrieved the petitioner fied a wrrt petition bemg Wnt Petition No 1726 of 2004 This Court havrlg consrdered the case bf the petitioner by order dated 30-7-2004 (Annexure P—2), disposed of ‘ R § l 2/ the writlkpetition granting liberty. to the petitioner to make a dehiled : regresentation before the appropriate authority. E3: l Reepondent No 2 the Joint Director by order dated 20; 10-2004 (Annexure P-5) constdered the representation of the petitioner and rejected the same Thereafter by order dated 28-10-2004 (Annexure R 2) the petitioner was transferred from Gram Panchayat Murpar Janpad Panchayat Mungeli to Janpad Panchayat Mamahl due to administrative exrgencies and m public interest pursuant to the order dated 20- 0-2004 passed by the Collector (Panchayat) Bilaspur \ i4 ‘, Admittedty, the Collector (Panchayat) is the appomting authority of the petitioner The petitioner has been transferred from one Janpad Panchayat to another Janpad Panchayat Within the same ' district in public interest and on account of administrative eXIgency There is no alleged mala We non competence of the authority passmg the transfer order or Violation of any rules or regulations > 5. I z’ it is well settled principle of lawlthat transfer is an incident of serwce and it is for the employer to decide as to where a particular i offcer/employee be posted keeping in View public interest as Well as administrative eXIgency This Court has limited Jurisdiction to interfere , With the transfer matters and this Court can interfere only With the case i rmity with the rules and : order and transfer order not being in ‘conf regulations. None of the above grounds are available to the petitioner. \ ‘of proved male fde, non-competence of autliority passmg the transfer f p td 6 For the reasons aorementioned. this etition sans dismiSéed. No order as to costs. Sd/- Sau'sh K. Agnihotri Judge