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SCA/6171/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 6171 of 2007
=========================================================
JAYANTIBHAI
V. PATEL - Petitioner(s)
Versus
THE
STATE OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MS
SRUSHTI A THULA for
Petitioner(s) : 1,
MR. LB DABHI AGP for Respondent(s) : 1,
None
for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 07/03/2007
ORAL
ORDER
Heard
the learned advocate Mr. SA Thula on behalf of the petitioner,
learned AGP Mr. LB Dabhi appearing for respondent.
In
the present petition, petitioner has challenged the transfer order
dated 22/2/2007 from Kauka, Taluka Dholka to Kamjila, Taluka
Viramgam. She submitted that this transfer is made with malafide
intention in view of the complaint made by the farmers to one of the
sitting MLAs, therefore, he was transferred.
She
also submitted that there is no difficulty about the transfer, but
manner of the transfer has been challenged by the petitioner.
Therefore, she submitted that transfer order is malafide, passed with
ulterior motive to facilitate to farmers to have money without
following the due process of law.
In
view of the aforesaid submissions made by learned advocate Ms. Thula,
it is open for the petitioner to approach to the Higher Authority by
making a representation against the transfer order dated 22/2/2007
within a period of one week and point out the real story of malafide
intention.
As
and when respondent ? the Secretary, Panchayat and Panchayat
Housing Department receive the representation from the petitioner, it
is directed to the respondent to consider the grievance of the
petitioner against the transfer order and also examine, whether this
transfer has been made because of the complaint made by the farmers
or complaint filed by the MLA against the petitioner or not, and also
examine that whether this transfer has been made with some malafide
and ulterior purpose or not and then to pass appropriate reasoned
order in accordance with law within a period of three weeks from the
date of receiving the copy of this order and communicate the decision
immediately to the petitioner.
A representation is required to be submitted by the petitioner to the
Secretary, Panchayat and Panchayat Housing Department.
In
view of the above observations and directions, present petition is
disposed of without expressing any opinion on merits.
However,
in case if ultimate decision is adverse to the petitioner, it is open
for the petitioner to challenge the same before appropriate forum in
accordance with law.
Direct
service is permitted.
(H.K.RATHOD,
J)
asma
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