1 2025:CGHC:9620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1452 of 2025 1 - Yogeshwar Kumar Sarwa S/o Late Shri Thakur Ram Sarwa Aged About 43 Years Occupation - Assistant Grade-Ii, At Janpad Panchayat Nawagarh, Block - Nawagarh, Tahsil - Nawagarh, District - Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Nawa Raipur, District - Raipur (C.G.) 2 - The Collector District - Bemetara (C.G.) 3 - The Chief Executive Officer Zilla Panchayat Bemetara, District - Bemetara (C.G.) 4 - The Chief Executive Officer Janpad Panchayat Nawagarh, District - Bemetara (C.G.) ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner(s) : Mr. Jitendra Nath Nande, Advocate For State/Respondent(s) : Mr. Sabyasachi Choubey, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 25/02/2025 1. The petitioner, who is working as Assistant Grade-ll in Janpad Panchayat Nawagarh, is aggrieved by the impugned order issued by the Chief Executive Officer, Zila Panchayat, Bemetara whereby he has been attached to Janpad Panchayat, Berla, Distt. - Bemetar. 2. Following reliefs have been prayed for by the petitioner : - “10.1 That, the Hon'ble Court may kindly be pleased to issue a writ of mandamus 2 and quash the impugned attachment order dated 17/01/2025 (ANNEXURE-P/1) issued by the Chief Executive Officer of the Zilla Panchayat Bemetara District Bemetara, in the interest of justice. 10.2 That, the Hon'ble Court may, kindly be pleased to issue a writ of mandamus and directing the Respondent No. 03 to reinstate the Petitioner to his original place of service i.e. Janpad Panchayat Nawagarh District Bemetara, for furtherance of justice. 10.3 Any other relief/relief's which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioner, in the interest of justice.” 3. Referring to Rule 27 of the Chhattisgarh Panchayat Service (Recruitment and General Conditions of Service) Rules, 1999, learned counsel for the petitioner would submit that attachment of employee of the Janpad Panchayat is not permissible. It is further contention of learned counsel for petitioner that according to circular of State Government dated 04.06.2001 also, attachment is not permissible and therefore, impugned order is not in accordance with law. 4. Learned State counsel would opposes the submission made by learned counsel for petitioner and supports the impugned order. 5. It is settled law that the provisions of any policy or guidelines or circular cannot override the provisions of any statutory provision, be it in the form of an Act of legislature or subordinate legislation. For the foregoing, this Court is of the considered opinion that the impugned order issued by the Chief Executive Officer, Zila Panchayat Bemetara concerning the petitioner, who is employee of Janpad Panchayat, 3 Nawagarh, is without jurisdiction, as the same has been passed in violation of Rule 27of the Rules, 1999. 6. Accordingly, the impugned order concerning attachment of the petitioner is quashed. 7. However, the competent authority would be at liberty to pass fresh order keeping in view the administrative exigency. 8. The writ petition is accordingly disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna