High CourtsSingle Bench(2022) 11 RAJ CK 0128

Mahendra Singh Rawat vs State Of Rajasthan And Others

Rajasthan High Court · Decided on 25 November 2022

HON’BLE JUDGES
Arun Bhansali, J
RESULT
Dismissed
CASE NUMBER
S.B. Civil Writ Petition No. 17878 Of 2022

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Judgment

8 paragraphs · 361 words

Arun Bhansali, J

This writ petition has been filed by the petitioner aggrieved against the order dated 08.10.2022 (Annex.3) whereby the charge of Gram Panchayat Sathiya has been taken from the petitioner.

The petitioner was performing his duties as Village Development Officer for Gram Panchayat Dhaneen. By order dated 13.08.2021 he was given additional charge of Gram Panchayat Jheelwara. Whereafter, on 16.09.2022 he was given additinoal charge of Gram Panchayat Sathiya. By order dated 08.10.2022, on noticing that the petitioner was holding charge of more than two Gram Panchayat(s), he was directed to hand over the charge of Gram Panchayat Sathiya to one Mr. Bhagwan Sahay.

Feeling aggrieved by order dated 08.10.2022, the present writ petition has been filed by the petitioner.

Submissions have been made that instead of taking the charge of Gram Panchayat Sathiya, the petitioner was prepared to handover the charge of Gram Panchayat(s) Dhaneen and Jheelwara and therefore, the order impugned (Annex.3) be set aside. Further submissions have been made that the Sarpanch of Gram Panchayat as also the villagers have requested for retaining the petitioner at Gram Panchayat Sathiya; and on that count also the order impugned deserves to be set aside.

I have considered the submissions made by the counsel for the petitioner and have perused the material available on record.

Admittedly, the petitioner was working at Gram Panchayat Dhaneen and was given additional charge of Gram Panchayat(s) viz. Jheelwara and Sathiya. Once the petitioner was holding the additional charge of Gram Panchayat Sathiya, which has been handed over to someone else on account of the fact that the petitioner was holding charge of three Gram Panchayat(s) at the same time, it is for the competent authority to decide as to which Gram Panchayat should be taken from the petitioner, the petitioner cannot make a choice that he would continue to perform his duties at Sathiya or any other place. So far as the recommendation of the Sarpanch concerned and representation made by the villagers are concerned, they have no locus-standi on the said aspect.

In view of above discussion, no case for interference is made out in the petition, the same is therefore, dismissed.