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2025 DAILYLAW 55097 (CHH)

ARUN KUMAR GUPTA v. STATE OF CHHATTISGARH

WPS/115/2025 · 2025-12-02

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:58710 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 115 of 2025 Arun Kumar Gupta S/o Shri Devnarayan Prasad Gupta Aged About 49 Years Presently Working On The Post Of Panchayat Secretary And Posted At Village- Panchayat- Chandoura, Janpad Panchayat- Balrampur Distt- Balrampur- Ramanuganj (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat Mahanadi Bhawan Atal Nagar Nava Raipur Distt- Raipur (C.G.) 2. Chief Excutive Officer Zila Panchayat- Balrampur, Distt- Balrampur- Ramanujganj (C.G.) 3. Chief Executive Officer Janpad Panchayat- Balrampur, Distt- Balrampur- Ramanujganj (C.G.) 4. Vishwanath Singh Working On The Post Of Panchayat Secretary And Posted At Village Panchayat- Kotarki, Janpad Panchayat- Balrampur, Distt- Balrampur- Ramanujgangj (C.G.) ... Respondent(s) For Petitioner(s) : Mr. A.N. Pandey, Advocate For Respondent(s) : Mr. Sabyasachi Choubey, PL For Respondent(s) : Mr. Atul Kumar Kesharwani, Advocate For Respondent(s) : Mr. Rahul Mishra, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 03/12/2025 1. The petitioner has filed this petition under Article 226 of the Constitution of India assailing the order dated 26.12.2024 passed by respondent No.2 by which the petitioner who is working as Panchayat Secretary has been SANTOSH KUMAR SHARMA Digitally signed by SANTOSH KUMAR SHARMA Date: 2025.12.05 10:38:10 +0530 2 transferred to Gram Panchayat Surra with additional charge of Sagarpur from Gram Panchayat Kotarki with additional charge at Gram Panchayat Chandora and in his place respondent No. 4 has been posted as Panchayat Secretary. 2. Learned counsel for the petitioner would submit that there is violation of Rule 27 of the Panchayat Adhiniyam, as such the transfer order is liable to be set aside. 3. This Court on 09.01.2025 has stayed the transfer order of the petitioner on the count that he was given the assignment regarding forthcoming election of Panchayat, as such he should not be transferred now the Panchayat election has already been concluded. The record of the case would show that the petitioner is posted in the present place of posting since 27.01.2023 since last 3 years he has already remained posted in the present place of posting. Considering the submission, that the transfer is incident of service and the fact and government servant cannot insist to remain posted at particular place for ever, therefore, no permissible ground has been raised in this petition, as such the instant petition is liable to be dismissed and it is dismissed. 4. Interim order granted by this Court on 09.01.2025 stands vacated. Sd/- (Narendra Kumar Vyas) Judge Santosh