1 D.B.Civil Special Appeal No.208/2009 State of Raj. & anr. V/s Shriram Bhinchar 6.4.2009 Hon'ble the Chief Justice Mr.Deepak Verma Hon'ble Mr.Justice N.P.Gupta Mr.K.K.Bissa for the appellants. Heard on the question of admission. Record perused. State and its functionary are before us in this intra court appeal against the order dated 1.5.2008 passed by learned Single Judge in respondent's writ petition no.7992/2007. Respondent is Pradhan of the Panchayat Samiti Makrana and had approached the writ court by filing a petition under Articles 226 & 227 of the Constitution of India challenging the order dated 13.7.2007 passed by the Dy.Secretary to the Government of Rajasthan, Department of Panchayati Raj, Jaipur whereby he cancelled the transfers made by the Panchayat Samiti and subsequent order of the Vikas Adhikari directing implementation of the said transfers. Learned Single Judge has placed reliance on earlier judgment passed by Single Bench of this Court in Writ Petition No.6108/07 Ram Singh V/s State of Raj. & ors. decided on 18.2.2008, to come to the conclusion that after 73rd amendment incorporated in the Constitution of India, the State Government shall have no right to interfere with the working of the Panchayati Raj Institutions. In the impugned order, it has been held that respondent has authority to challenge 2 the order passed by the State Government as he was working as Pradhan of the Panchayat Samiti and the case otherwise was covered fully by the earlier order passed by Single Bench in Ram Singh's case (supra). It has further been held by learned Single Judge that a conscious decision was taken by the Panchayat Samiti by majority to effect transfer of its employees and such an order could not have been interfered with by the State Government. In the light of the aforesaid reasoning, the order passed by the State Government on 13.7.2007 has been quashed, meaning thereby the order passed by the Panchayat Samiti, Makrana dated 30.6.2007 has to be implemented. Against such an order, we are of the opinion that no case for any interference in this intra court appeal was made out. Despite our repeated requests being asked to learned counsel for the appellants, he was not able to answer as to under which authority of law such order could have been passed by the State Government. Obviously, Section 89 (8-A) of the Rajasthan Panchayati Raj Act, 1994 does not comprehend to confer any authority on the State to pass such type of order, as was set aside by learned Single Judge. That being the position, this appeal being devoid of any merit and substance, stands hereby dismissed. (N.P.Gupta)J. (Deepak Verma)CJ Parmar