Court No. - 38 Case :- WRIT - A No. - 45053 of 2010 Petitioner :- Girjesh Pandey Respondent :- State Of U.P. And Others Petitioner Counsel :- A. K. Dixit Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order of transfer. Petitioner, who is
working on the post of Gram Panchayat Adhikari has been
transferred to another place. According to the petitioner, the Chief
Development Officer has got no power to pass an order of transfer
because he is not the appointing and controlling authority of the
petitioner. In support of his contention, learned counsel for the
petitioner brought on record a Government Order dated 24th
February, 2005 and clause III thereof clearly stipulates that for the
purposes of transfer of Gram Panchayat Vikas Adhikari, the
District Panchayat Raj Officer will be an authority to pass the
order as it has been been delegated by the State Government.
According to the petitioner, the order has been passed without
jurisdiction.
I have considered the submission of the petitioner and perused the
record. It appears that prima facie contention of the petitioner
appears to be correct, but as it is a case of transfer, therefore,
whether the power has been delegated to the authority, who has
passed the order impugned or the Chief Development Officer at
the present moment is working and holding the charge of District
Panchayat Raj Officer also. These are the questions which can
only be considered by the competent authority i.e. District
Magistrate, therefore, a liberty is given to the petitioner to file a
detailed representation annexing all the relevant documents
including Government Order dated 24th February, 2005 before
respondent No. 2 within a period of two weeks. If such a
representation is filed, the District Magistrate is directed to decide
the same by a speaking and reasoned order within a period of two
months thereafter.
It is further provided that till the decision is taken upon the
representation filed by the petitioner, the order of transfer shall be
kept in abeyance.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 3.8.2010
Sazia