1 2025:CGHC:42806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1392 of 2023 1 - Kishan Rathore S/o Chhabi Lal Rathore Aged About 43 Years Occupation Service, Presently Posted As Panchayat Secretary, Gram Panchayat Taraigaon, Block Gaurela, District Gaurella - Pendra Marwahi Chhattisgarh, R/o Village Semra, Janpad Panchayat Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary Panchayat And Rural Development Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur Atal Nagar, District : Raipur, Chhattisgarh 2 - Commisioner Bilaspur, Division, Bilaspur, District : Bilaspur, Chhattisgarh 3 - Collector, Gaurella -Pendra-Marwahi, District : Gaurela-Pendra- Marwahi, Chhattisgarh 4 - Project Director, Zila Panchayat (D.R.D.A.), District : Gaurela- Pendra-Marwahi, Chhattisgarh 5 - Deputy Director ( Panchayat), District Gaurella - Pendra Marwahi Chhattisgarh. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 6 - Janpad Panchayat, Gaurela Through Its Chief Executive Officer, Janpad Panchayat Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh 7 - Sandeep Dubey, Secretary, Janpad Panchayat - Gaurella, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Malay Shrivastava, Advocate For Respondent(s) : Mr. Ravi Bhagat, Advocate, Mr. Ankur Kashyap, Advocate, Mr. Manas Vajpai, Advocate, Ms. Jyoti Chandravanshi on behalf of Mr. Sandeep Dubey, Advocate for their respective respondents. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22.08.2025 1. The petitioner has approached this Hon’ble Court assailing the arbitrary and illegal order dated 13.01.2023 passed by respondent no.6, whereby the petitioner’s services have been attached to the office of the Janpad Panchayat, Gaurela, removing him from his existing posting at Gram Panchayat Taraigaon. The petitioner was appointed as a Panchayat Secretary vide order dated 23.02.2006, in accordance with the provisions of Section 69(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993. Pursuant to his appointment, he was initially posted at Gram Panchayat Semra under Janpad Panchayat Gaurela by the Panchayat and Social Welfare Department, Bilaspur. Since his appointment, the 3 petitioner has been diligently discharging his duties with sincerity and to the satisfaction of his superiors. On 15.09.2022, the Chief Executive Officer, Zila Panchayat, Bilaspur issued an order transferring the petitioner from Gram Panchayat Taraigaon to Gram Panchayat Kharsiya, Block Marwahi. Aggrieved by the said transfer, the petitioner preferred a representation/appeal before respondent no.2. Taking note of the petitioner's submissions, respondent no.2, vide order dated 17.10.2022, stayed the transfer order. However, during the pendency of the said appeal, respondent no.6 proceeded to pass the impugned order dated 13.01.2023, attaching the petitioner’s services to its office, i.e., the office of Janpad Panchayat Gaurela, and simultaneously appointed one Shri Udal Yadav in place of the petitioner at Gram Panchayat Taraigaon. The said action is patently arbitrary, without jurisdiction, and in gross violation of the circular dated 08.12.2021 issued by respondent no.1. 2. Learned counsel for petitioner respectfully submits that the impugned order passed by respondent nos. 5 and 6 is arbitrary, illegal, and contrary to the law applicable to the facts and circumstances of the present case. Respondent nos. 5 and 6 lack the jurisdiction and authority to issue any order regarding the transfer or posting of the petitioner, which is in clear violation of the service guidelines framed under the Chhattisgarh Panchayat Karmiyon Ki Seva Sharton Hetu Margadarshika, 2008, as well as the directions issued by respondent no.1, including the circular 4 dated 08.12.2021. The impugned action appears to have been taken solely to circumvent the interim protection granted by this Hon’ble Court vide order dated 01.02.2023 in W.P.(S) No. 903/2023. The conduct of respondent nos. 5 and 6 is not only devoid of legal authority but also tainted with arbitrariness and malafide intent, as it reflects a continuous effort to dislodge the petitioner from his present place of posting through extraneous and unauthorized means. 3. Learned counsel for the respondents submit that the impugned order is a lawful administrative action taken in the interest of public service and does not amount to an illegal transfer. The petitioner has no vested right to remain posted at a particular place, and the attachment was made to ensure efficient functioning of the Panchayat office. The order does not violate the circular dated 08.12.2021 or the 2008 service guidelines. There is no arbitrariness or malafide involved, and the petition is devoid of merit and liable to be dismissed. 4. I have heard learned counsel for the parties and peruse the documents available on record. 5. In view of the submissions made and upon perusal of the record, it is evident that the impugned order dated 02.02.2023 (Annexure P/1) is in direct contravention of the service guidelines titled “Chhattisgarh Panchayat Karmiyon Ki Seva Sharton Hetu Margadarshika, 2008”, which govern the service conditions of 5 Panchayat Karmis. According to the said guidelines and the relevant statutory provisions, respondent No.6 lacks the authority to unilaterally issue orders affecting the posting or attachment of a Panchayat Secretary. Therefore, this Court is of the considered opinion that Annexure P/1 dated 02.02.2023 deserves to be quashed. The respondent authorities are accordingly directed to pass an appropriate order in accordance with law, if required. 6. Accordingly, the petition is disposed of. Certified Copy as per rules. Sd/- (Amitendra Kishore Prasad) Judge Saxena