Vijay Prakash Sharma vs Administration and Establishment Standing Committee and Others

Arun Mishra, C.J.—Heard on the question of admission. The appellant is holding the post of Gram Sewak. The Standing committee for Administration & Establishment decided to recommend the transfer of the petitioner from Gram Panchayat Raipur to Gram Panchayat Jhutha within the same Panchayat Samiti. Pursuant to the recommendations made, an order of transfer was issued on 17.05.2012 by the Vikas Adhikari, Gram Panchayat Raipur.

Legality of the order of transfer was put to question on the ground that order of transfer could have been passed as per Rule 334 of the Rajasthan Panchayati Raj Rules, 1996 by the Vikas Adhikari. The committee for Administration and Establishment could have approved the order of transfer.

Single Bench has dismissed the writ application on the ground that under Sec. 55A of the Rajasthan Panchayati Raj Act, 1994, every Panchayat shall constitute standing committees. As per Section 55A(a) of the Act, Administration and Establishment committee is constituted. The transfer of a Gram Sewak within the Panchayat Samiti is nothing but a matter related to administration and establishment of the Panchayat Samiti, as such the Standing Committee is competent enough to take a decision with regard to transfer of a Gram Sewak. Even as per Rule 334 of the Rules of 1996, approval of the Standing Committee is necessary. The Standing Committee itself has taken a decision, therefore, approval is implicit, as such plea of abdication of power is ill-founded. The writ petition has been dismissed by the Single Bench. Aggrieved thereby, the intra-Court appeal has been preferred.

Mr. H.S. Sidhu, learned counsel appearing on behalf of the appellant has raised the submission with regard to competence of the said Committee to recommend the transfer.

In the circumstances, we find that approval of the committee is necessary for any of the transfer to be made by the Vikas Adhikari.

In the instant case, order of transfer has been passed by the Vikas Adhikari on the recommendation made by the Administration & Establishment committee. Order of transfer pertains to administration and is purely administrative order. It cannot be said that order suffers from illegality as ultimately the order of transfer has been passed by the Vikas Adhikari. Thus, we find no ground to interfere in the intra-Court appeal. Accordingly, the appeal is dismissed. Stay application No. 10433/2012 is also dismissed.