Rajasthan HC Quashes Transfer Of Panchayat Officials; Issues Guidelines For Transfers To Avoid Future Needless Litigation
|The Rajasthan High Court has quashed the transfer of some Panchayat officials, while issuing guidelines on the transfer of Panchayat officials of various ranks.
The Bench of Justice Arun Monga observed that, ""the exercise of this decentralized power must be balanced to prevent governmental overreach, thereby maintaining the autonomy and effectiveness of Panchayati Raj institutions. The State Government's role should primarily be one of general oversight rather than direct interference. Ordering the transfer of an employee within the Panchayat Samiti undermines the constitutional autonomy of Panchayati Raj Institutions and contravenes the constitutional mandate intended to empower these local self-governing bodies. State Government officials must respect the constitutional mandate under Article 243 and subsequent amendments (Articles 243A to 243O)".
The Court was addressing approximately 198 petitions contesting the transfers of various Panchayati Raj officials, including Village Development Officers, Assistant Administrative Officers, Gram Sewaks, LDCs, Junior Assistants, Junior Technical Assistants, and Gram Vikas Adhikaris.
The High Court stressed that the delicate balance between autonomy, accountability, and effective governance must be maintained, ensuring that decisions are made with due consideration for both procedural norms and administrative exigencies.
Further, in order to avoid needless litigation in future, the Court deemed it appropriate to frame/issue following guidelines in matters of transfer of Panchayati Raj officials of the rank of Village Development Officers/Assistant Administrative Officer/Gram Sewak/LDC/Junior Assistants/Junior Technical Assistant/Gram Vikas Adhikari.
The transfer guidelines were as follows:
(I). District-Level Transfers: Panchayat officials recruited for district cadre posts cannot and ought not to be transferred in routine outside their respective districts, except wherever permissible under the Act and the Rules framed there under.
(II). Consultation for Transfers: Transfers must be made only after consulting the Pradhan of the Panchayat Samiti.
(III). Zilla Parishad Transfers: Transfers within a Zilla Parishad require consultation with the Pramukh of the Zilla Parishad.
(IV). State Overriding Power: The State can make transfers without consulting the Pradhan or the Pramukh.
(V). Intra-District Transfers: The State has the authority to transfer Panchayat officials within or between Panchayat Samitis within the same district.
(VI). Inter-District and Intra-Zilla Parishad Transfers: The State can transfer officials from one Zilla Parishad to another, from a Panchayat Samiti to a Zilla Parishad, or within the same Zilla Parishad or Panchayat Samiti, with or without consultation of Pradhan or Pramukh.
(VII). Section 89(8)(ii) of the Act, 1994 mandates that a Zilla Parishad can transfer an employee from a Panchayat Samiti only after consulting the Pradhans or Pramukhs of the respective Panchayat Samitis or Zilla Parishads involved in the transfer.
(VIII). Scheme of Rules, 1996 envisage that the Zilla Parishad is the controlling authority for employees appointed in Panchayat Samitis. Transfers within a Zilla Parishad from one Panchayat Samiti to another must comply with Section 89(8)(ii), ensuring consultation with the respective Pradhans or Pramukhs.
(IX). Under Section 89(8A) of the Act, 1994, Consultation is not required for transfers made under this section. It gives the State Government the power to stay or cancel transfer orders made under Section 89(8) or the associated rules.
(X). In Compliance with State Orders, The Chief Executive Officer/Vikas Adhikari are empowered must to execute transfer orders passed by the State Government, as interpreted by a harmonious reading of Rule 289(3) with Sub-section 89(8A). They do not have any independent power to pass transfer orders.
(XI). The Government must respect the role of the District Establishment Committee of the Zilla Parishad in issuing transfer orders/policies. The Committee is empowered to exercise transfer powers in accordance with Government policies and directions, ensuring that the Panchayati Raj institutions' constitutional status is upheld.
(XII). Inter-district transfer orders by other Departments must obtain consent from the Panchayati Raj department. 'Consent' implies a voluntary, informed decision, and must be explicitly stated through a conscious decision-making process, not assumed through tacit or non-resistant behavior.
Cause Title: Kera Ram vs The State of Rajasthan & Ors.
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