Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers

While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority.Justice Arun Monga held that such an order reflected that the guidelines as well as the censure that was issued by the high court in Kera Ram v the State of Rajasthan & Ors. (2024) in relation to transfer of Panchayati Raj officials were taken very lightly. It said that despite the ruling in Khera Ram which also issued transfer guidelines for Panchayati Raj officials, there was a "massive transfer drive of more than 1000 Panchayat officials", by exercising of administrative power by the State and "transgressing into the democratic domain" of the elected panchayat bodies. It said:“it so appears that the sheer number (stated to be more than 1,000) of the Panchayat officials transferred by the State officials without even giving the opportunity to the elected Panchayat bodies to exercise their own powers under the relevant Statute read with Rules framed there under, is merely reflective of their adamancy to not let go of their administrative superiority by asserting their dominant position, instead of decentralizing the power, which was the very genesis of constitutional amendment carried out by the Parliament of the Country resulting in enactment of Panchayati Raj Act.”The Court was hearing a bunch of petitions filed by the transferees of Panchayat Department who alleged to have been transferred in violation of Section 89(8-A) of the Rajasthan Panchayati Raj Act, 1994, as well as the transfer guidelines issued in the Case. While challenging the manner, procedure, legality and administrative propriety of the transfers, it was argued that it was a mechanical exercise of mind. The Court perused the decision in Khera Ram in which it had given transfer guidelines for Panchayati Raj officials and had said,“power of transfer of panchayati raj officials herein is concurrently vested with democratically elected panchayati institutions, as well as, State government. It is thus desirable that in keeping with the real intent and spirit of the law, the State Government should only invoke its inherent powers sparingly when there is a conflict with Panchayati Raj elected bodies and avoid exercising these powers in routine Panchayat affairs…local bodies' autonomy and constitutional integrity. Thus, while the State has absolute power to issue transfer orders, this power should not be exercised in a manner that undermines the faith in democratically elected Panchayati Raj Representatives.”In Khera Ram the court had also directed issuing of necessary administrative instructions to the concerned Panchayati Raj officials to sensitize them about the guidelines, and had cautioned of necessary consequences in case of non-compliance.The high court thereafter said that it would have refrained from adopting an obstructive approach in the administrative exigencies, however, such transfer drive was reflective of adamancy of not letting go of administrative superiority by the State.Accordingly, the court while disposing of the plea, directed the Secretary, Department of Rural Development and Panchayati Raj to either take remedial measures himself or direct competent authorities to take a fresh look at all the transfers. Till then, all transfer orders were put on hold for 30 days. Case Title: Ram Chander v the State of Rajasthan Citation: 2025 LiveLaw (Raj) 47Click Here To Read/Download Order

Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers

Nupur Agrawal

Tags