1 2025:CGHC:14250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5344 of 2024 1. Hemraj Singh Dilliwar S/o Late Mahendra Kumar Dilliwar Aged About 40 Years R/ovillage Achhoti, Post Anda, Tahsil And District Durg Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Bhawan, Naya Raipur. District Raipur Chhattisgarh 2. The Chief Executive Officer Zila Panchayat, Balod District Balod Chhattisgarh 3. The Chief Executive Officer Janpad Panchayat Gunderdehi, District Balod Chhattisgarh 4. The Chief Executive Officer Janpad Panchayat Daundi Lohara, District Balod Chhattisgarh ... Respondents Cause title is taken from the Case Information System For Petitioner : Ms Akanksha Singh, Advocate For Respondent/State : Shri Rishab Bisen, Panel Lawyer Order on Board By Bibhu Datta Guru, J. 25/3/2025 1. The petitioner contends that the petitioner is working as Assistant Grade-III at Janpad Panchayat, Gunderdehi and by order dated 22.8.2024 the petitioner has been attached with the office of Janpad 2 Panchayat Daundi-Lohara. It is stated that the Chief Executive Officer, Zila Panchayat, do not have any power to pass the order. Learned counsel refers to the notification dated 11.12.2015 whereby the power initially was given to the CEO Zila Panchayat in Rule 27 of the Chhattisgarh Panchayat Service (Recruitment and General Conditions of Service) Rules, 1999, (in short ‘the Rules of 1999’) has been withdrawn, therefore, for want of authority of the CEO Zila Panchayat, the order impugned is bad in law. The reference is also made to the judgment passed in WPS No. 2543 of 2017 on 23.10.2017. 2. Perusal of notification dated 11.12.2015 No./P.-1141/PGVV/22/ 2015/786 the following amendment was carried out in the Rules, which reads as under:- Naya Raipur, the 1st December 2015 No. /P.-1141/PGVV/22/2015/786.-- In exercise of the powers conferred by sub-section (2) of Section 70 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (No. 1 of 1994), the State Government, hereby, makes the following further amendment in the Chhattisgarh Panchayat Service (Recruitment and General Conditions of Services) Rules, 1999, the same having been previously published as required by sub-section (3) of Section 95 of the said Act, namely:-- AMENDMENT In the said rules,- 1. In clause (ii) of rule 27, for the colon ":", after the word "appointment", the full stop "." shall be substituted. 2. First and Second proviso of clause (ii) of rule 27 shall be omitted. By order and in the name of the Governor of Chhattisgarh, S.L. NAYAK, Joint Secretary 3. Earlier to that in Rule 27 of 1999, the power was given to the CEO of the concerned Zila Panchayat to transfer any employee from one Zila Panchayat to another within the district; provided that by the transfer seniority would not be effected. The said amendment has been 3 withdrawn in the year 2015, therefore, reading of Rule 27 of 1990 would show that the CEO Zila Panchayat is denuded of the power to exercise such order of transfer. 4. In a result, the impugned order dated 22-8-2024 (Annexure P-1) is set aside as the power to transfer has already been withdrawn by the State. The petition stands allowed. 5. It is made clear that the competent authority would be at liberty to pass a fresh order, in accordance with law, depending upon the administrative exigency, if so advised. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.03.25 17:24:21 +0530